Rule2024-15931
Fisheries of the Exclusive Economic Zone Off Alaska; Amendment 126 to the Fishery Management Plans for Groundfish of the Bering Sea and Aleutian Islands Management Area and Amendment 114 to the Fishery Management Plan for Groundfish of the Gulf of Alaska To Expand Electronic Monitoring to the Pollock Fisheries
Primary source
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Published
July 29, 2024
Effective
August 28, 2024
Issuing agencies
Commerce DepartmentNational Oceanic and Atmospheric Administration
Abstract
NMFS issues this final rule to implement amendment 126 to the Fishery Management Plan (FMP) for Groundfish of the Bering Sea and Aleutian Islands Management Area (BSAI) and amendment 114 to the FMP for Groundfish of the Gulf of Alaska (GOA). Amendments 126/114 implement an electronic monitoring (EM) program for pelagic trawl pollock catcher vessels and tender vessels delivering to shoreside processors and stationary floating processors in the Bering Sea (BS), Aleutian Islands (AI), and GOA. This final rule is intended to promote the goals and objectives of the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act), amendments 126/114, the BSAI FMP, the GOA FMP, and other applicable laws.
Full Text
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[Federal Register Volume 89, Number 145 (Monday, July 29, 2024)]
[Rules and Regulations]
[Pages 60796-60817]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-15931]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
15 CFR Part 902
50 CFR Part 679
[Docket No. 240715-0195]
RIN 0648-BM40
Fisheries of the Exclusive Economic Zone Off Alaska; Amendment
126 to the Fishery Management Plans for Groundfish of the Bering Sea
and Aleutian Islands Management Area and Amendment 114 to the Fishery
Management Plan for Groundfish of the Gulf of Alaska To Expand
Electronic Monitoring to the Pollock Fisheries
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Final rule.
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SUMMARY: NMFS issues this final rule to implement amendment 126 to the
Fishery Management Plan (FMP) for Groundfish of the Bering Sea and
Aleutian Islands Management Area (BSAI) and amendment 114 to the FMP
for Groundfish of the Gulf of Alaska (GOA). Amendments 126/114
implement an electronic monitoring (EM) program for pelagic trawl
pollock catcher vessels and tender vessels delivering to shoreside
processors and stationary floating processors in the Bering Sea (BS),
Aleutian Islands (AI), and GOA. This final rule is intended to promote
the goals and objectives of the Magnuson-Stevens Fishery Conservation
and Management Act (Magnuson-Stevens Act), amendments 126/114, the BSAI
FMP, the GOA FMP, and other applicable laws.
DATES: Effective August 28, 2024.
ADDRESSES: Electronic copies of amendment 126 to the BSAI FMP and
amendment 114 to the GOA FMP (collectively, the FMPs) and the
Environmental Assessment/Regulatory Impact Review prepared for this
action (the analysis), and the Finding of No Significant Impact
prepared for this action may be obtained from <a href="https://www.regulations.gov">https://www.regulations.gov</a> and the NMFS Alaska Region website at <a href="https://www.fisheries.noaa.gov/region/alaska">https://www.fisheries.noaa.gov/region/alaska</a>.
Written comments regarding the burden-hour estimates or other
aspects of the collection-of-information requirements contained in this
final rule may be submitted to NMFS Alaska Region, P.O. Box 21668,
Juneau, AK 99802-1668, Attn: Gretchen Harrington; and to
<a href="http://www.reginfo.gov/public/do/PRAMain">www.reginfo.gov/public/do/PRAMain</a>. Find the particular information
collection by using the search function.
FOR FURTHER INFORMATION CONTACT: Joel Kraski, 907-586-7228,
<a href="/cdn-cgi/l/email-protection#33595c565f1d58415240585a735d5c52521d545c45"><span class="__cf_email__" data-cfemail="dfb5b0bab3f1b4adbeacb4b69fb1b0bebef1b8b0a9">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION: This final rule implements amendments 126/
114 to the FMPs. NMFS published a Notice of Availability for amendments
126/114 in the Federal Register on January 22, 2024 (89 FR 3902), with
public comments invited through March 22, 2024. NMFS published a
proposed rule to implement amendments 126/114 in the Federal Register
on February 5, 2024 (89 FR 7660), with public comments invited through
April 5, 2024. The Secretary of Commerce approved amendments 126/114 on
April 15, 2024, after considering information from the public and
determining that amendments 126/114 are consistent with the BSAI and
GOA FMPs, the Magnuson-Stevens Act, and other applicable laws.
Per section 313 of the Magnuson-Stevens Act, NMFS conducted public
hearings to accept oral and written comments on the proposed rule in-
person for Alaska and virtually for Oregon and Washington. The first
public hearing was held on February 28, 2024, in Kodiak, Alaska. The
second virtual public hearing took place on March 12, 2024.
NMFS received 17 comment letters on the proposed rule. NMFS
considered 25 unique relevant written and oral comments received by the
end of the applicable comment period and at a public hearing, whether
specifically directed to the FMP amendments or the proposed rule. NMFS
considered the 25 unique comments in reaching the approval decision for
amendments 126/114. A summary of the comments and NMFS' responses are
provided under the heading Comments and Responses section below. NMFS
received one comment that was outside the scope of this action.
North Pacific Observer Program
The Observer Program, part of the Fisheries Monitoring and Analysis
Division of the Alaska Fisheries Science Center, implements a suite of
requirements for observation and reporting of fishing activities that
plays an integral role in the management of North Pacific fisheries.
The Observer Program was created with the implementation of the
Magnuson-Stevens Act in the mid-1970s and has evolved from primarily
observing foreign fleets to observing domestic fleets. The Observer
Program provides the regulatory framework for NMFS-certified observers
(observers) and EM systems to be deployed on board vessels to obtain
information necessary for the conservation and management of the
groundfish and halibut fisheries.
Integrating Electronic Monitoring Into the Observer Program
The North Pacific Fishery Management Council (Council) and NMFS
developed this final action based on input received from the Council's
Trawl EM Committee, 3 years of data gathered through the exempted
fishing permit (EFP) process, and public input through the Council
process and the hearings and comment periods associated with this final
rule. The rule provides an option for participants in the partial and
full coverage observer categories using pelagic trawl gear to directed
fish for pollock, as well as tender vessels delivering pollock to
shoreside processors or stationary floating processors, to choose to be
in a new category: the trawl EM category.
This final rule makes EM an option for catcher vessels directed
fishing for pollock with pelagic trawl gear in the BS, AI, or GOA
fisheries (hereinafter ``catcher vessels'') and associated tender
[[Page 60797]]
vessels delivering pollock to shoreside processors or stationary
floating processors in the BS, AI, and GOA. The preamble to the
proposed rule to implement amendments 126/114 (89 FR 7660, February 5,
2024) contains a detailed description of the background for this
action, which is not repeated here.
Under this final rule, EM systems installed aboard the catcher
vessels and tenders will collect at-sea data that NMFS will use to
monitor vessels' compliance with Federal regulations and catch handling
requirements. The implementation of EM has the potential to reduce
economic and operational costs associated with deploying observers on
catcher vessels. EM will improve salmon accounting for all associated
species, reduce monitoring costs, and improve the quality of monitoring
data.
In consultation with the Council, NMFS has flexibility to provide
observer coverage to respond to the scientific and management needs of
the fisheries. By integrating EM on catcher vessels directed fishing
for pollock with pelagic trawl gear, the Council and NMFS seek to
preserve and increase this flexibility by implementing adaptable
monitoring plans. With this final rule, NMFS, in consultation with the
Council, is able to deploy EM tools tailored to the needs of different
fishery sectors, just as it does with observers, through the Annual
Deployment Plan (ADP).
Trawl EM Category
This final rule establishes the process to allow owners or
operators of catcher vessels and tender vessels in the pelagic pollock
fisheries to choose to be in the trawl EM category and, therein, to use
an EM system in place of an observer in most cases. Participation in
the trawl EM category is voluntary, and a vessel owner or operator
could choose on an annual basis to request a vessel's placement in the
trawl EM category.
This final rule also establishes the requirements for use of an EM
system to monitor whether discards at sea occur. Furthermore, review of
EM video footage will be used to verify vessel discard estimates
submitted by those catcher vessels using pelagic trawl gear and tender
vessels that choose to be in the trawl EM category. For vessels in the
trawl EM category, the data collection previously conducted by at-sea
observers will be completed by observers stationed at the processor
receiving the catch.
In the event NMFS identifies additional data that cannot be
collected at the processor when this program is implemented, NMFS
retains the authority to deploy at-sea observers on catcher vessels in
the trawl EM category. Additionally, some level of in-person at-sea
data collection in the pollock fisheries will continue to be necessary
to collect certain spatial and biological data. NMFS will make these
observer coverage decisions through the ADP process.
In addition to observers stationed at shoreside processors and
stationary floating processors, Catch Monitoring Control Plans (CMCPs)
and Vessel Monitoring Plans (VMPs) will be used to determine and
achieve the sampling objectives NMFS outlines in the ADP. The onboard
EM systems will ensure that vessels meet compliance monitoring
objectives while also establishing a chain of custody for prohibited
species catch (PSC). Observers at shoreside processors or stationary
floating processors will then collect species composition, PSC, and
biological samples as determined by the Alaska Fisheries Science
Center, Fisheries Monitoring and Analysis Division. The flexibility
offered by the ADP allows NMFS to achieve transparency, accountability,
and efficiency from the Observer Program to meet its various
objectives. The ADP process ensures that the best available information
is used to evaluate deployment, including scientific review and Council
input, to annually determine deployment methods.
For all fishing trips in the trawl EM category, all vessels will be
required to improve retention (i.e., minimize discards to the greatest
extent practicable) and record all catch handling. All EM data will be
submitted as required to NMFS for review to ensure the trawl EM
category elements are followed. Failure to meet the program objectives,
as outlined in the ADP and VMP, may result in disapproval of further
participation in the trawl EM category and enforcement action.
This final rule implements requirements applicable to the
following: (1) catcher vessels in the trawl EM category; (2) tender
vessels, shoreside processors, and stationary floating processors
receiving deliveries from catcher vessels in the trawl EM category; (3)
observer providers; and (4) EM service providers for vessels in the
trawl EM category.
Under this final rule, a catcher vessel remains subject to observer
coverage, described at Sec. 679.51(a)(1) or Sec. 679.51(a)(2), unless
NMFS approves a request for placement of the catcher vessel in the
trawl EM category. This final rule establishes monitoring requirements
for tender vessels that receive deliveries from a catcher vessel in the
trawl EM category. Shoreside processors and stationary floating
processors are subject to observer coverage requirements at Sec.
679.51(b)(1) or Sec. 679.51(b)(2). This final rule establishes
additional observer sampling station and monitoring requirements at
Sec. 679.28(g)(7) through (10) for shoreside processors and stationary
floating processors. These observer sampling station and monitoring
requirements previously existed for shoreside processors and stationary
floating processors receiving American Fisheries Act (AFA) deliveries.
Under this final rule, those requirements are expanded to any plant
receiving trawl EM deliveries to support shoreside observers and
include additional requirements, such as updating spatial requirements
to allow for new data collections. Additionally, under this final rule,
entities intending to provide EM hardware to vessels in the trawl EM
category are required to obtain an EM hardware service provider permit
as specified at Sec. 679.52(d) and (e).
Annual Request for Placement in the Trawl EM Category and Compliance
Under this final rule, eligible vessel owners or operators of
catcher and tender vessels may voluntarily request to participate in
the trawl EM category annually through the Observer Declare and Deploy
System (ODDS) by November 1 and, if approved, will be subject to
coverage requirements as specified by NMFS. Specifically, any owner or
operator of a catcher vessel with a pollock pelagic trawl endorsement
on their Federal Fisheries Permit (FFP) or a tender vessel receiving
deliveries from these catcher vessels may request to be in the trawl EM
category.
This final rule establishes responsibilities for the owner or
operator of a catcher vessel or tender vessel in the trawl EM category
to install and maintain an EM system. Vessels in the trawl EM category
are to comply with all provisions of the trawl EM category, including
those specified in regulations, the ADP, and in their individual VMPs.
This final rule also adds regulations at Sec. 679.51(g) to specify the
EM system requirements for vessels using pelagic trawl gear.
A vessel will remain in the trawl EM category for all directed
fishing for pollock with pelagic trawl gear for the entirety of the
fishing year for which they request to participate in the trawl EM
category. This requirement is needed to maintain the sampling design
outlined in the ADP. A tender vessel
[[Page 60798]]
will remain in the trawl EM category at all times when receiving catch
from a catcher vessel in the trawl EM category during the fishing year.
A catcher vessel in the trawl EM category must deliver catch only to a
tender vessel, shoreside processor, or stationary floating processor
that is also approved to participate in the trawl EM category.
Trawl EM Coverage
This final rule establishes two coverage categories within the
trawl EM category: (1) full coverage; and (2) partial coverage. Unless
otherwise specified, the trawl EM category encompasses both the full
coverage and partial coverage trawl EM categories.
Full Coverage Trawl EM Category
The final rule at Sec. 679.51(g)(1)(i)(A)(2) defines the full
coverage trawl EM category for catcher vessels operating in the BS or
Community Development Quota (CDQ) fisheries. These vessels are
currently in the Observer Program's full coverage category. For the
fishing year, if a catcher vessel is approved to be in the full
coverage trawl EM category, that vessel will be subject to this final
rule for every fishing trip in which the vessel deploys pelagic trawl
gear. This means, in addition to other requirements, that these vessels
must ensure their EM systems are operating and actively recording for
the duration of every pelagic trawl gear fishing trip and associated
offload. The owner or operator of a vessel in the full coverage trawl
EM category will be responsible for contracting with a permitted EM
hardware service provider, as specified at Sec. 679.51(g)(1)(ix)(B),
to procure, install, and maintain EM equipment on their vessel. To pay
for video review services for vessels in the full coverage trawl EM
category, this final rule establishes a new full coverage EM review fee
at Sec. 679.56.
Partial Coverage Trawl EM Category
The final rule at Sec. 679.51(g)(1)(i)(A)(1) defines the partial
coverage trawl EM category for catcher vessels operating in the GOA or
AI. These vessels are currently in the Observer Program's partial
coverage category.
Catcher vessels approved to be in the partial coverage trawl EM
category must continue to log all trips in ODDS. Access to ODDS is
available through the NMFS Alaska Region website (see ADDRESSES). For
the fishing year, every fishing trip in which a partial coverage
catcher vessel deploys solely pelagic trawl gear is considered a part
of the trawl EM category. This means that these vessels must, in
addition to other requirements, ensure their EM systems are operating
and actively recording for the duration of every fishing trip and
associated offload. Vessels in the partial coverage trawl EM category
are prohibited from deploying non-pelagic trawl gear while on a fishing
trip subject to EM coverage. Catcher vessels in the partial coverage
trawl EM category are required to deliver catch only to tender vessels
or processors in the trawl EM category having a NMFS-approved VMP or
CMCP. Vessels in the partial coverage trawl EM category will use NMFS'
contracted EM hardware service provider that has been procured through
the partial coverage fee program. EM equipment for vessels in the
partial coverage trawl EM category are paid for by the observer fees as
specified at Sec. 679.55.
Tender Vessels
This final rule adds EM requirements for tender vessels that are
used to transport unprocessed groundfish received from a catcher vessel
in the trawl EM category to an associated processor. As part of the
unprocessed groundfish chain of custody, it is necessary for tender
vessels to comply with EM requirements to ensure no sorting of catch
occurs before the catch reaches the processor. This final rule at Sec.
679.51(g)(1)(i)(B) allows the owner or operator of a tender vessel to
request to be placed in the trawl EM category before receiving any
delivery from a catcher vessel in the trawl EM category. A tender
vessel that is approved to be in the trawl EM category must comply with
applicable vessel responsibilities specified at Sec. 679.51(g)(3) for
every delivery received and offloaded subject to the trawl EM category,
including ensuring their EM system is operating and actively recording
for the duration of every such trip and associated offload.
Shoreside Processors and Stationary Floating Processors
For shoreside processors or stationary floating processors to
receive deliveries from vessels in the trawl EM category, this final
rule includes additional catch handling requirements. Shoreside
processors or stationary floating processors indicate their intent to
receive trawl EM category deliveries in the upcoming fishing year
during the annual CMCP process. Under this final rule at Sec.
679.28(g)(7), (9), and (10), shoreside processors or stationary
floating processors receiving deliveries from vessels in the trawl EM
category are required to follow specified salmon sorting and handling
procedures to ensure shoreside observers have full access to salmon
bycatch. This final rule at Sec. 679.28(g)(9) allows observers at
these processors to collect full salmon and Pacific halibut data and
necessary biological samples, which are vital in monitoring the health
and status of those stocks in Alaska.
Current regulations at Sec. 679.21(f)(15)(ii)(C) require salmon
retention and storage for processors in the BS pollock fishery. This
final rule moves these existing regulations to Sec. 679.28(g)(9)(ii)
and (g)(10) and extends those regulations to shoreside processors and
stationary floating processors receiving deliveries from vessels in the
trawl EM category in the GOA. Each year, NMFS publishes an Observer
Sampling Manual, which contains the comprehensive sampling procedures
and methods to be used by observers to collect fishery-dependent data
but does not establish the sampling rate. The criteria used to
determine the sampling rate required at shoreside processors and
stationary floating processors receiving deliveries from vessels in the
trawl EM category will be determined annually and published in the ADP.
EM Service Providers
There are currently two types of EM service providers: (1) EM
hardware service providers that equip and maintain EM systems aboard
vessels; and (2) EM review service providers that receive and review EM
data from EM systems. This final rule adds a regulation at Sec. 679.2
to define both kinds ofEM service providers. NMFS may contract with or
grant a permit to a prospective EM hardware service provider if their
data are able to be reviewed by the current EM service provider NMFS
has selected for reviewing EM data.
EM Hardware Service Provider Permit
This final rule at Sec. 679.52(d) adds the procedures for EM
hardware service providers to obtain an EM hardware service provider
permit and the responsibilities of EM hardware service providers.
Prospective EM hardware service providers need to obtain an EM hardware
service provider permit. Once approved and issued by NMFS, the EM
hardware service provider permit is valid until the provider does not
provide EM services for a period of 12 consecutive months to vessels in
the trawl EM category or until NMFS removes the permit. Performance of
the EM hardware service provider will be assessed annually on the
ability of the provider to meet program objectives as outlined in Sec.
679.51 and the ADP.
[[Page 60799]]
EM Review Service Providers
An EM data review service provider is a provider that NMFS
contracts with, or otherwise has an established business relationship
with, to review, interpret, or analyze EM data as required under this
final rule at Sec. 679.51. To avoid conflicts of interest, NMFS will
select EM data review service providers that do not have a direct
financial relationship with vessels in the trawl EM category.
EM Equipment and VMPs
The operator of each catcher vessel or tender vessel approved by
NMFS to be in the trawl EM category must make their vessel available to
an EM hardware service provider for installation and servicing of all
required EM system components according to this final rule at Sec.
679.51(g)(1)(ix). The EM hardware service provider will install the EM
system and cameras in locations that meet the monitoring objectives
annually specified in the ADP. Full coverage vessels will choose their
permitted EM hardware service provider, while NMFS will assign partial
coverage catcher vessels or tender vessels a NMFS-permitted EM hardware
service provider.
If a vessel already has an EM system installed from a non-permitted
EM hardware service provider, the catcher vessel or tender vessel
operator will work with a NMFS-permitted EM hardware service provider
to modify the EM system as necessary to meet the specifications in the
trawl EM category.
After EM equipment has been installed or serviced, the catcher
vessel or tender vessel operator will develop a VMP with the EM
hardware service provider and submit it to NMFS for approval according
to this final rule at Sec. 679.51(g)(2). A VMP is a document that
outlines operator responsibilities for the trawl EM category, including
requirements for sending EM data to the EM data review service provider
for review, restrictions should EM equipment malfunction, and how
feedback from NMFS or the EM data review service provider will be
communicated to vessel operators. NMFS provides a VMP template for
guidance to the EM service provider and the vessel operator on the
elements NMFS requires in a final NMFS-approved VMP.
The catcher vessel or tender vessel operator must agree to comply
with the components of the VMP, acknowledge as much by signing the VMP,
and submit the signed VMP to NMFS. NMFS reviews the VMP for
completeness and may request additional clarification. If the VMP meets
the requirements established in the VMP template, NMFS will approve the
VMP and place the vessel in a trawl EM category for the upcoming
fishing year.
A catcher vessel or tender vessel in the trawl EM category is
required to maintain a copy of their current NMFS-approved VMP onboard
at all times while that catcher vessel conducts fishing activities, or
tender vessel receives EM deliveries, as part of the trawl EM category.
If NMFS does not approve the VMP, NMFS will issue an initial
administrative decision (IAD) to the vessel owner or operator that will
explain the basis for the disapproval. The vessel owner or operator may
file an administrative appeal under the administrative appeals
procedures set out at 15 CFR part 906.
The catcher vessel or tender vessel operator must make the NMFS-
approved VMP available upon request by NOAA Office of Law Enforcement
(OLE), a NMFS-authorized officer, or other NMFS-authorized personnel
(see this final rule Sec. 679.51(g)(4)(iv)).
If NMFS determines that a catcher vessel or tender vessel failed to
comply with its VMP, the catcher vessel or tender vessel's application
for placement in the trawl EM category may not be approved the
following year(s).
Catcher Vessel and Tender Vessel Owner and Operator Responsibilities
Catcher vessel and tender vessel operators and owners in the trawl
EM category must comply with all elements of the NMFS-approved VMP and
maintain the EM system in working order, including ensuring the EM
system is powered and functioning throughout the fishing trip, keeping
cameras clean and unobstructed, and ensuring the system is not tampered
with, consistent with this final rule at Sec. 679.51(g)(3). Catcher
vessel and tender vessel owners and operators are also required to
ensure that power is maintained to the EM system at all times when the
vessel is under way or the engine is operating on trips monitored using
EM. Catcher vessel operators are required to follow EM system
procedures prior to deploying gear as specified in this final rule at
Sec. 679.7(j)(1). Additionally, catcher vessel and tender vessel
operators are required to ensure the EM system is fully functional
prior to retrieving gear during the fishing trip or prior to receiving
a delivery, consistent with this final rule at Sec. 679.51(g)(4)(iii).
Before fishing gear is retrieved or an offload is received, as
applicable, the catcher vessel and tender vessel operators need to
verify that all components of the EM system are functioning.
Instructions for completing this verification will be provided in the
vessel's VMP consistent with this final rule at Sec. 679.51(g)(2)(vi).
Catcher vessel and tender vessel operators will be required to
follow landing notice procedures specified in the VMP, consistent with
this final rule at Sec. 679.51(g)(3). The landing notice is
transmitted by the catcher vessel or tender vessel to the intended
shoreside processor or stationary floating processor, consistent with
the timeline specified in the VMP prior to returning to port. After
receiving the landing notice from the vessel, the processor will relay
that information to shoreside observers.
Catcher vessel and tender vessel operators are prohibited from
tampering with the EM system and from harassing their EM service
provider, EM reviewers, or any other monitoring personnel who may be
working with vessel operators in this program. This final rule adds to
existing EM prohibitions at Sec. 679.7(j) to ensure EM system
functionality and the data from these systems are usable for fisheries
management. Other operator responsibilities are identified in the VMP
to meet data needs for EM monitoring.
Catcher vessel and tender vessel operators must submit the EM data
to the EM data review provider using a method specified in the NMFS-
approved VMP. Operators of vessels in the trawl EM category must submit
EM data after a specified number of trips, consistent with the vessel's
NMFS-approved VMP. The frequency of data submittal will be defined in
the VMP and could change based on data needs identified by NMFS,
consistent with this final rule at Sec. 679.51(g).
EM System Malfunctions
The EM system must be fully operational as described in the VMP.
The VMP will list EM system malfunctions considered contrary to the
Observer Program's data collection objectives. The VMP will also
describe the procedures to follow if malfunctions occur, including when
to contact the EM service provider and OLE. This final rule at Sec.
679.51(g)(4) describes the responsibilities of the catcher vessel and
tender vessel operator in case of an EM system malfunction.
Improved Retention of Catch
With trawl EM, catcher vessel operators retain all catch except
when doing so would compromise the safety and stability of the vessel
(see this final rule at Sec. 679.7(j)(2)).
[[Page 60800]]
For all fishing trips, catcher vessels will be expected to avoid
sorting and discarding catch to the greatest extent practicable.
Unsorted catch must be delivered to a tender vessel, shoreside
processor, or a stationary floating processor to ensure observers have
access to all catch.
Removing Requirements for Regulatory Discards
To promote retention of catch for catcher vessels in the trawl EM
category, this final rule includes exceptions to regulations that
otherwise require discarding catch at sea. Namely, under the final
rule, catcher vessels in the trawl EM category will not be subject to
the prohibition against exceeding Maximum Retainable Amounts (MRAs) in
the BS, AI, and GOA; the prohibition against vessels having on board,
at any particular time, 20 or more crabs of any species; and the
pollock trip limit in the GOA.
This final rule exempts vessels in the trawl EM category from the
prohibition at Sec. 679.7(a)(16) pertaining to MRAs that limit
retention of incidentally caught species so that total harvest can be
managed up to, but not over, the Total Allowable Catch (TAC) by the end
of the year. The MRA prohibition at Sec. 679.7(a)(16) requires at-sea
discarding of fish above the MRA amount for each species. While the
prohibition on exceeding the MRAs is removed for vessels participating
in the trawl EM category, under this final rule, NMFS will continue to
use MRA regulations at Sec. 679.20(e) to determine whether a vessel is
``directed fishing,'' (see Sec. 679.2 for definition) for a particular
species for various purposes (e.g., compliance with Sec. 679.22) and
to gauge whether the vessel's behavior has changed, in conjunction with
the Trawl EM Incentive Plan Agreement (TEM IPA) discussed below. If
NMFS determines an IPA is not effective in preventing vessel behavior
changes, NMFS may not allow a vessel to participate in the trawl EM
category program in the following year(s).
This final rule also adds an exception for vessels participating in
the trawl EM category from the regulation at Sec. 679.7(a)(14) that
prohibits vessels in the BSAI and GOA from having on board, at any
particular time, 20 or more crabs of any species with a carapace width
of more than 1.5 inches (38 millimeters) at the widest dimension.
Rather than discarding such crab, the final rule requires catcher
vessels to retain all crabs for enumeration by shoreside observers at
the processor, as described below in the PSC Retention section of this
preamble.
Additionally, this final rule exempts vessels in the trawl EM
category from the prohibitions at Sec. 679.7(b)(2) that limit catcher
vessels' harvest of pollock in the GOA (commonly referred to as the
pollock trip limit). Currently, catcher vessels are subject to a
300,000 lb (136 mt) on-board retention limit on pollock, requiring
vessels to discard at sea any pollock in excess of 300,000 lbs (136
mt). The final rule will require catcher vessels in the trawl EM
category to retain all such catch.
PSC Retention
Under this final rule, catcher vessels fishing in the trawl EM
category are required to retain all species categorized as PSC,
including salmon and crab, so that they can be fully enumerated by
shoreside observers at the shoreside processor or stationary floating
processor as specified at Sec. 679.21(a)(2).
Trawl EM Incentive Plan Agreements (TEM IPA) for Partial Coverage
Catcher Vessels
To maintain the controls on the behavior of catcher vessels in the
pollock fishery that the MRAs, crab retention limits, and the GOA
pollock trip limits provide, this final rule includes provisions for a
TEM IPA. An IPA is an industry-developed contractual arrangement that
is approved by NMFS.
Under this final rule, in order to be qualified to participate in
the trawl EM category, catcher vessels in the partial coverage category
will be required to become a party to a TEM IPA. Under this final rule
at Sec. 679.57, TEM IPAs are structured to limit changes in vessel
behavior as a result of this final rule.
To ensure IPAs are effective, IPA parties will be required to
demonstrate to the Council through annual reports that the IPA is
accomplishing the Council's intent that each vessel in the trawl EM
category limit changes in behavior. The representative of each approved
TEM IPA will submit a written annual report to the Council, which will
be available to the public. Additionally, NMFS inseason management
staff will continue to track bycatch and pollock harvest by vessels in
the trawl EM category and provide updates in the Annual Inseason Report
to the Council. Upon receipt of the TEM IPA Annual Report and the NMFS
Annual Inseason Report, the Council may re-evaluate the goals for the
TEM IPA and make adjustments as necessary subject to NMFS' approval.
NMFS will approve a TEM IPA if the IPA meets the criteria specified
in this final rule at Sec. 679.57. Each year, NMFS will publish on the
NMFS Alaska Region website the approved list of TEM IPAs and NMFS
Approval Memorandums, the list of parties to each IPA, approved
modifications to the TEM IPAs, and the list of catcher vessels that, on
average, harvest bycatch in quantities that would exceed MRAs and catch
more than 300,000 lbs (136 mt) of pollock per fishing trip in the GOA.
For the sake of clarity, each TEM IPA will define how these averages
will be calculated over the fishing year.
Logbooks
Logbooks are necessary for trawl EM data flow, and the trawl EM
category does not work without this component. Under this final rule,
logbooks are required for all participants in the trawl EM category.
Catcher vessels in the trawl EM category may use NMFS-approved paper or
electronic logbooks and follow the logbook-related regulations at Sec.
679.5(a).
CMCP
Under this final rule, catcher vessels and tender vessels in the
trawl EM category may only deliver fish to a shoreside processor or
stationary floating processor that has a NMFS-approved CMCP.
Furthermore, processors are prohibited from receiving deliveries from a
catcher vessel or tender vessel in the trawl EM category without a
NMFS-approved CMCP.
This final rule modifies Sec. 679.28(g) to reorganize CMCP
requirements to improve clarity and consistency and to add provisions
necessary to facilitate observer data collection for deliveries from
vessels in the trawl EM category.
In the ADP, NMFS defines the criteria for determining the necessary
number of observers at shoreside processors and stationary floating
processors. The criteria for determining the necessary number of
observers for a given processor may include tonnage processed, number
of deliveries, or processing hours. These criteria apply to all
processors receiving deliveries from vessels in the trawl EM category.
The specific number of observers necessary to meet sampling objectives
are listed in the CMCP, which NMFS may update throughout the year to
ensure that the necessary number of observers are present, as
processing effort may change seasonally.
Observer Providers
Shoreside processors and stationary floating processors receiving
deliveries from vessels in the full coverage trawl EM category procure
observer services by arranging and paying for observer services
directly from a permitted observer provider consistent with
[[Page 60801]]
existing regulations at Sec. 679.51(d). This final rule modifies
regulations governing observer provider permitting and responsibilities
at Sec. 679.52 to remove fax as an electronic communication method,
update how often specific information must be submitted to NMFS (see
Observer Program Fees section), and clarify the requirements for
observer providers to monitor observer conduct and address observer
misconduct.
Observer Program Fees
NMFS is authorized under section 313 of the Magnuson-Stevens Act to
require Observer Program participants in any North Pacific fishery to
pay a fee for observer and EM monitoring provided the fee does not
exceed 2 percent of the fishery's ex-vessel value.
To pay for video review services for vessels in the full coverage
trawl EM category, this final rule establishes a new full coverage EM
review fee at Sec. 679.56. This new fee will be used by NMFS to pay
for the costs of data review, storage, and transmission of EM data for
vessels in the full coverage trawl EM category. The annual cost of EM
review, data storage, and transmission will be divided among full
coverage vessels in the trawl EM category. NMFS will use the pollock
catch history (i.e., actual harvest amount) from the previous year to
divide the cost equitably among full coverage participants in the trawl
EM category for that year. NMFS will send invoices to vessel owners and
payment will be required by May 31 each year. Failure to pay the full
coverage trawl EM fee will prevent a catcher vessel or tender vessel
from being selected for the trawl EM category in the following year as
specified in this final rule at Sec. 679.51(g)(1)(4).
Consistent with regulations at Sec. 679.55, NMFS uses funds from
the existing observer fees to pay for EM hardware and review services
for vessels in the partial coverage category. Catcher vessels and
tender vessels in the partial coverage trawl EM category (vessels
operating in the GOA and AI pollock fisheries) will continue to pay the
existing observer fee as specified at Sec. 679.55. The partial
coverage category is funded through a system of fees collected from
fishery participants (vessels and processors) under authority of
section 313 of the Magnuson-Stevens Act. NMFS uses partial coverage
fees to procure shoreside observers, deploy and support EM equipment on
selected vessels, and pay for EM video review and data storage.
Other Regulatory Changes
In addition to the regulations necessary to implement the trawl EM
category, NMFS revises the following regulations for clarity and
efficiency:
<bullet> Remove the expired prohibition at Sec. 679.7(a)(17),
specifying that neither catcher vessels nor catcher processors could
act as a tender vessel until all groundfish or groundfish product was
offloaded and that they could not harvest groundfish while operating as
a tender vessel. That prohibition was added as part of an emergency
rule (66 FR 7276, January 22, 2001), which expired on July 17, 2001. To
date, the regulation has not been removed. This final rule removes the
expired prohibition at Sec. 679.7(a)(17) to prevent confusion,
especially as Sec. 679.7(a)(11) contains a similar prohibition.
<bullet> Regulations implementing EM for nontrawl vessels in the
partial coverage category of the Observer Program are modified to
remove the phrase ``EM selection pool'' and to add in its place
``Nontrawl EM selection pool'' to clearly identify regulations
applicable to the different EM categories. Multiple gear types,
excluding trawl, participate in the nontrawl EM selection pool, while
only trawl vessels are eligible for the trawl EM category.
<bullet> This final rule moves regulations specifying salmon
sorting and handling practice from Sec. 679.21(f)(15)(ii)(C)(2)
through (6) to Sec. 679.28(g)(9) and (10). This move is necessary to
consolidate all CMCP-related regulations into a single location.
<bullet> Replace all instances of ``video data storage device''
with ``EM data'' in Sec. 679.51(f) to broaden the language to allow
for future data formats.
<bullet> Remove fax numbers in Sec. Sec. 679.28(g) and 679.51(g)
to match current practice that has abandoned fax usage.
Comments and Responses
NMFS received 17 comment letters on the Notice of Availability and
the proposed rule. At the public hearings and through the NOA and
proposed rule comment periods, NMFS received comments from individuals,
fishery observers, and pollock fishery participants including
harvesters and processors. NMFS has summarized and responded to the 25
unique comments below.
Indigenous Peoples
Comment 1: Indigenous peoples and other affected parties should be
involved in the development of future EM actions.
Response: NMFS acknowledges the comment. This rule was developed
through a public process at the Council (<a href="https://www.npfmc.org/">https://www.npfmc.org/</a>). The
Council held multiple meetings over several years to discuss stages of
the EFP and this rule as it was developed. All meetings held by the
Council are open to the public, announced on the Council's web page,
and accept comments and testimony by the public. NMFS seeks to include
diverse viewpoints on the development of future EM actions and will
continue to improve outreach to notify and engage all interested
parties, including Alaska Native Tribes, of actions under development.
Trawl EM Rule Process
Comment 2: Collaborative efforts that are inclusive of agency,
industry, scientific, and vendor personnel are essential for addressing
the complex topic of implementing EM programs that meet management
needs.
Response: NMFS agrees that collaborative efforts were integral to
the success of the EFP and development of this rule.
Annual Request
Comment 3: The proposed rule does not allow vessels to return to
observer coverage during a fishing year. Vessels should be provided
this flexibility in the case of EM system issues and malfunctions that
cannot be repaired in a timely manner.
Response: The EM program is voluntary and vessels can opt-in on an
annual basis. In order to maintain the sampling design outlined in the
ADP, a catcher vessel must remain in the trawl EM category for all
directed fishing for pollock with pelagic trawl gear for the entirety
of the fishing year and would not be able to leave the trawl EM
category during that fishing year. Based on the experience of
participants in the EFP, EM systems are reliable and NMFS does not
anticipate that malfunctions would limit a vessel's participation in a
pollock fishery.
Comment 4: The proposed rule states that NMFS retains the authority
to deploy at-sea observers aboard vessels in the EM category, which
could be seen as punitive.
Response: NMFS envisions that at-sea observers will be deployed
through the established ADP process, which includes a public process
through the Council and its associated monitoring committees. The
ability for NMFS to deploy at-sea observers for the purpose of
collecting biological data necessary for the conservation and
management of the fishery is necessary to allow the maximum number of
EM vessels to participate in the program each year.
[[Page 60802]]
Without this flexibility, NMFS would need to reduce the number of
vessels allowed to participate in the trawl EM category and require
some vessels to carry observers every year, rather than deploying
observers on vessels only as needed to target specific data needs.
Comment 5: The proposed rule at Sec. 679.51(g)(1)(iv) does not
specify a date when vessels will receive notification of approval for
the trawl EM category. This timeframe is critical to both vessels and
EM service providers for planning EM system installations, upgrades, or
repairs that must occur prior to the season start.
Response: NMFS agrees that vessels need to be notified in a timely
manner. Generally, vessels can expect to receive notification of
approval within a month of the November 1 deadline to request to join
the trawl EM category.
Catcher Vessels
Comment 6: Please clarify what happens if a vessel indicates that
they intend to deploy nonpelagic gear, which puts them into the
observer coverage pool, but ultimately only deploys pelagic trawl gear.
Response: A vessel in the trawl EM category that indicates they
intend to deploy nonpelagic trawl gear on a trip, but instead deploys
only pelagic gear during the trip, would be in violation of the
requirement to use EM on all pelagic trawl trips, as specified in the
definition of ``Trawl EM category'' at Sec. 679.2. NMFS would view
this behavior as a vessel not providing accurate data and therefore not
complying with the trawl EM regulations.
Comment 7: Can video data be used to identify vessel personnel for
non-fisheries related enforcement action?
Response: No. The video recorded by the vessel EM system is covered
by the Magnuson-Stevens Act's confidentiality provisions. NMFS is not
authorized to release EM footage unless an exception set forth in
section 402(b) of the Magnuson-Stevens Act applies.
Comment 8: Vessels participating in the trawl EM category should be
allowed to carry nonpelagic trawl gear while fishing in Type I and II
crab closure areas for both trawl EM category and non-trawl EM category
trips, where they are currently prohibited to do so. During the EFP,
vessels in the trawl EM category were allowed to carry nonpelagic gear
when trawling in these areas on trawl EM category trips to test the
capabilities of EM for monitoring whether nonpelagic gear was deployed,
and no issues were encountered.
Response: NMFS agrees that, on trawl EM category fishing trips, EM
will monitor whether a nonpelagic trawl is deployed in a Type I or II
crab closure area. NMFS detected no issues during the EFP with
participating vessels deploying nonpelagic trawls. Based on this
comment, NMFS revised regulations at Sec. 679.22(b)(1)(i) and (ii) to
allow vessels in the trawl EM category during trawl EM category fishing
trips to carry, but not deploy, nonpelagic trawl gear in these areas.
Under this final rule, all EM footage captured by catcher vessels in
the EM category will be reviewed. Vessels will be required to indicate
in their VMP which of its net reels contain nonpelagic trawl gear, as
they did during the EFP. Revising regulations to allow nonpelagic trawl
gear to be on board vessels during fishing trips that fall outside of
the trawl EM category is beyond the scope of this action.
Tender Vessels
Comment 9: Catcher vessels are required to indicate whether they
would like to participate in the trawl EM category by November 1 of
each year. This requirement creates difficulties for tender vessels as
the associated shoreside processor likely will not know which vessels
will be available to participate in the trawl EM category until
February of the upcoming fishing year.
Response: The November 1 deadline does not extend to tender
vessels. NMFS will specify the anticipated number of tender vessels
each year in the ADP based on available funds in the partial coverage
category. While the November 1 deadline does not apply, tender vessels
must have a NMFS-approved VMP in place prior to receiving catch from
trawl EM category catcher vessels.
Shoreside Processors
Comment 10: Under the proposed rule at Sec. 679.7(j)(2)(ii),
shoreside processors are prohibited from (1) beginning to sort a trawl
EM category offload before an observer has completed biological
sampling of all salmon and (2) continuing to sort trawl EM category
catch if the salmon storage container is full. These requirements
impact current fishery operations associated with open access
fisheries, where there is a race to fish. These open access offloads
are currently sampled at a 33 percent rate under the EFP, and, as such,
the regulations should not prevent further offloading of catch. In the
rare instance of conflicting sampling of offloads, the subsequent
offload could be selected by the observers.
Response: Based on this comment, NMFS revised this final rule at
Sec. Sec. 679.7(j)(2)(ii)(D), 679.7(j)(2)(ii)(E), and
679.28(g)(9)(ii)(D) to specify these regulations are applicable only to
offloads of catch from the BS or CDQ pollock fisheries. This will not
change salmon accounting in the partial coverage pollock fisheries in
the GOA and AI.
Additionally, for the GOA and AI open access pollock fisheries,
NMFS added Sec. 679.28(g)(9)(ii)(E) to this final rule to state:
``Regarding deliveries of pollock from the Gulf of Alaska or Aleutian
Islands, observer(s) must be given the opportunity to complete the
count of salmon and the collection of scientific data or biological
samples from all offloads selected for monitoring. When the observer(s)
has completed all counting and sampling duties for the offload, plant
personnel must remove the salmon in the presence of the observer(s)
from the salmon storage container and location where salmon are counted
and biological samples or scientific data are collected.'' This
additional requirement does not prevent processors from sorting the
next GOA or AI offload if the observer(s) are sampling the previous
offload.
Comment 11: Processors providing hardware to support Observer
Program software is inefficient as it often requires technology support
skills that are outside the scope of a processor's abilities. These
required communications could be more efficient if the Observer Program
provided the required hardware with the desired technical
specifications to processors.
Response: Shoreside processors and stationary floating processors
will remain subject to existing regulations requiring them to provide
hardware for observers. Any changes to these regulations are outside
the scope of this action. Shoreside processors and stationary floating
processors receiving pollock from vessels in the trawl EM category fall
into either the full or partial coverage categories for observer
coverage. Depending on the coverage category of the processor, the
observer provider or the processor may be required to supply observers
with communication devices. Under the full coverage category, the
shoreside processor or stationary floating processor is required to
supply communication devices (i.e., phones, computers, etc.). Under the
partial coverage category, the observer provider will be required to
supply communication devices as outlined in its contract with NMFS.
Comment 12: The workload at shoreside processors will change
drastically under the trawl EM category. With the increases to daily
workload, there will be an increased chance for observers to experience
illness and
[[Page 60803]]
physical injuries while working 12 hours a day for the duration of a 90
day contract. Previously, observers with minor injuries were able to be
placed at a shoreside processor due to the light amount of physical
work.
Response: Observer safety is the top priority of this final rule.
The trawl EM category shifts observer sampling duties from at-sea
catcher vessels to shoreside processors and stationary floating
processors, thereby reducing risks to observers associated with working
on commercial fishing vessel decks, where they are exposed to many of
the same hazards as commercial harvesters. NMFS encourages observers to
work directly with their employer on full coverage deployment
assignments to best match their physical, mental, and professional
needs. For example, an extended deployment to an AFA shoreside
processor or stationary floating processor may not suit all observers
at all times.
NMFS encourages observers to report injuries and illnesses that may
impact their ability to carry out their sampling duties, including the
need to take time off for health reasons. Such incidents are not
uncommon given that observing is often mentally and physically
challenging. In the event that an observer is unable to work, NMFS
staff will communicate with observers through inseason advisors and
field office staff to reassess and, if necessary, alter or reduce
sampling requirements for the processor at issue. The expectation is
not to increase the workload of other observers at that processor, but
rather to guide the remaining observers to assess the workload and
determine which sampling priorities can be completed in the absence of
an injured or ill observer. Completing the full suite of sampling
duties may not be possible. The health and wellbeing of observers takes
precedence over sampling duties at all times. This action does not
alter the ability for observer provider companies to re-assign
observers to accommodate health conditions.
EM Service Providers
Comment 13: There needs to be oversight for when EM hardware
service providers introduce new hardware and technology for monitoring
to ensure that the dependability and monitoring needs of this program
are met.
Response: NMFS agrees that substantive changes to approved EM
hardware or software would necessitate approval by NMFS. Based on this
comment, NMFS revised this final rule at Sec. 679.52(d)(3)(ii) to
include the following: ``At any time after initial approval of the EM
hardware service provider permit, this testing requirement must be
applied to and met by any EM system requiring new, or significantly
updated, hardware or software installed onboard the vessel.''
EM Equipment and VMPs
Comment 14: The proposed rule states that a vessel operator must
verify all cameras are recording and that all sensors and other EM
system components are functional prior to hauling back. Clarify the
extent to which a vessel should troubleshoot the EM system in
situations that may necessitate immediate haulback.
Response: Vessel owners and operators are required to ensure their
EM systems are fully functional, regardless of fishing activities, as
specified in this final rule at Sec. 679.51(g)(3). The VMP indicates
the actions a vessel must take if a malfunction occurs.
Comment 15: A vessel operator may not be aware of some EM system
malfunctions that occur and should not be responsible or subject to
enforcement action in the event of a malfunction. The EM hardware
service provider may be aware of issues that the vessel is unaware of.
Please clarify how this information will be communicated to vessels,
service providers, and OLE when feedback from the EM review provider
occurs.
Response: Vessels are obligated to actively monitor their EM
systems as specified in this final rule at Sec. 679.51(g)(3). If an
issue is discovered during the EM review process, OLE will assess,
among other things, whether the vessel had the ability to address it by
following their VMP.
Vessels should work with their EM hardware service provider to
ensure that they have all the information necessary to meet regulatory
requirements. EM hardware service providers and vessels will receive EM
review feedback as review is completed throughout a fishing year by
NMFS's chosen EM review service provider. In any case, ultimately, it
is the responsibility of the vessel owner and vessel operator to
understand and comply with the regulations governing their
participation in the trawl EM program.
Improved Retention
Comment 16: The proposed rule at Sec. 679.7(j)(2)(i)(B) states
that there is a prohibition on ``codend dumping'' and ``codend
bleeding.'' Under the EFP, vessels were allowed to ``bleed'' their
codends if necessary to maintain the safety and stability of the
vessel. This prohibition will compromise a vessel's ability to use
salmon excluders and methods to control catch for vessel safety.
Response: The intent of Sec. 679.7(j)(2)(i)(B) is to not allow
discards except for those necessary to maintain the safety and
stability of the vessel. Codend dumping or bleeding are commonly used
to maintain vessel safety and stability. Based on this comment, NMFS
removed the phrase ``This includes `codend dumping' or `codend
bleeding' '' from this final rule at Sec. 679.7(j)(2)(i)(B) for
clarity.
Removing Requirements for Discards
Comment 17: Remove any reference to ``directed fishing'' as a
metric to evaluate and penalize a vessel for its fishing behavior and
instead require the IPAs to monitor this.
Response: NMFS disagrees and is choosing to retain the references
to ``directed fishing.'' Directed fishing is defined in Sec. 679.2 to
mean ``unless indicated otherwise, any fishing activity that results in
the retention of an amount of a species or species group on board a
vessel that is greater than the maximum retainable amount for that
species or species group as calculated under Sec. 679.20.'' The term
directed fishing is used in various NMFS Alaska regulations that are
not affected by this final rule (e.g., closure areas under Sec.
679.22).
Furthermore, under this final rule, whether a trawl EM category
vessel is directed fishing for a species other than pollock--that is,
whether a vessel conducts fishing activity that exceeds the MRA for a
non-pollock species--will be used to gauge whether, alongside the TEM
IPA, there have been changes in vessel behavior, even though the vessel
is exempt from the MRA prohibition at Sec. 679.7(a)(16). And, for
clarity, exceeding an MRA does not necessarily indicate a change in
behavior for purposes of the TEM IPA. For example, if all vessels
directed fishing for pollock in a given area exceed the MRA for Pacific
ocean perch, that would not necessarily be seen as a change in
behavior. If potential changes of behavior, such as directed fishing
for non-pollock species, are indicated by MRA calculations, NMFS will
contact the TEM IPA representative. This is a collaborative process
that seeks to identify the cause of concern and effect changes to
fishing behavior to address the concern. If NMFS determines that an IPA
is not effective in preventing vessel behavior changes, NMFS may elect
not to allow a vessel to participate in the trawl EM category in the
following year(s).
[[Page 60804]]
Comment 18: Exemptions from the prohibitions regarding exceeding
MRAs at Sec. 679.7(a)(16), the GOA catcher vessel harvest limit for
pollock at Sec. 679.7(b)(2), and the trawl gear performance standard
at Sec. 679.7(a)(14) enable participating vessels to exceed
established limits without consequences and incentivize fishing for
species that are closed to pelagic trawl gear. Catch that exceeds MRAs
should be prohibited from entering commerce, as industry-managed IPAs
are not effective at protecting closed stocks. Catch that exceeds MRAs
will impact the closure of seasons and areas for the protection of
endangered Steller sea lions.
Response: Improved retention of catch is necessary to provide
observers stationed at shoreside processors with unsorted catch for
collection of biological samples and to minimize potential biases in
data collection. Improved retention greatly reduces at-sea discards and
improves catch accounting, resulting in improved estimates of catch and
bycatch in the pollock fisheries.
It is necessary to remove prohibitions regarding discards, such as
MRAs, GOA pollock trip limit, and the crab standard, in order to
improve retention. Vessels in the trawl EM category will deliver catch
to processors that would otherwise be discarded at sea, thereby
reducing the overall waste in the fishery while improving catch
accounting of PSC due to sampling at shoreside processors and
stationary floating processors. As discussed above, NMFS will still
calculate MRAs to determine whether a vessel is directed fishing for
non-pollock species and whether their behavior has changed under this
final rule.
The TEM IPA was modeled on the current salmon bycatch IPAs (Sec.
679.21(f)(12)), which have proven to be a successful method for the BS
pollock fleet to modify its behavior to meet NMFS management goals. In
addition, the TEM IPAs were implemented as part of the EFP process and
proved effective at controlling changes in vessel behavior. If NMFS or
the Council determines that an IPA is not effective in preventing
vessel behavior changes, NMFS may not allow a vessel to participate in
the trawl EM category in the following year(s).
This final rule does not affect the harvest limits, season dates,
areas fished, or fishing gear requirements that trawl EM vessels must
comply with. Therefore, this action is not expected to change fishery
activities in a way that would negatively affect any Endangered Species
Act-listed species through increased potential for competition for
prey, disturbance, or incidental takes.
Nevertheless, in response to this comment, NMFS added two new
regulations for greater clarity. First, in this final rule at Sec.
679.7(j)(2)(i)(F), NMFS added the following prohibition to make clear
that it is unlawful for any person to ``Use a catcher vessel in the
trawl EM category to deploy trawl gear in an area that is closed, for
any reason, to directed fishing for pollock.'' This additional
provision will ensure that vessels in the trawl EM category will remain
prohibited from fishing in closure areas they otherwise would not be
eligible to fish in if they were not participating in the trawl EM
category. Second, at Sec. 679.57(f)(2)(iii)(E), this final rule adds
the following to the list of information the TEM IPA Annual Report must
contain: ``Identification of and the TEM IPA's response to vessels
directed fishing in conflict with harvest specifications or directed
fishing for Steller Sea Lion forage species within closed Steller Sea
Lion protection areas.''
TEM IPAs
Comment 19: The IPA representative for the GOA will need the
aggregated non-confidential data to perform the analysis for the annual
IPA report.
Response: NMFS is committed to working with the TEM IPA
representatives in the formation of the TEM IPA Annual Reports.
PSC Retention
Comment 20: Accounting for PSC both at-sea and shoreside is
important. Cameras aboard the vessel may not be able to identify the
species of crab aboard a vessel in the event of an at-sea discard.
Response: NMFS agrees that accounting for catch of all species,
including crab, is important. While the EM system aboard these vessels
is not able to identify crab to a species level, since all crab will be
retained, any crab catch will be accounted for at the shoreside
processor. Participation in the trawl EM category requires vessels to
minimize discards to the greatest extent practicable, including PSC,
except where doing so would compromise the safety and stability of the
vessel. This requirement will ensure that all catch, with the exception
of jellyfish and large organisms (e.g., sharks and marine mammals),
will be delivered to the shoreside processor where they will be subject
to shoreside observer sampling. At-sea discards of species that may be
PSC will be reported during the EM review process and through shoreside
processor landing reports.
CMCP
Comment 21: Sample station requirements at shoreside processors
should be clearly defined to ensure the observer's safety and ability
to collect samples. Details of the sample station requirements should
be specifically listed and easily comparable to other sample station
requirements. Communication expectations of shoreside processors should
be clearly outlined and should utilize current technology to ensure the
observer receives all necessary information.
Response: The CMCP is a flexible tool that can be adjusted
throughout the year through an amendment process. This mechanism allows
NMFS to work with the shoreside processor to alter sampling stations to
meet observer sampling needs. Additionally, NMFS will review CMCPs on
an annual basis and amend them as necessary. Each shoreside processor
is unique, requiring a flexible tool to address each situation. This
action includes requirements for the location of the observer sampling
station, platform scale, minimum workspace, table size, and diverter
board. The CMCP will clearly outline PSC handling requirements,
specifically for salmon and halibut.
The CMCP will also facilitate communication between the vessels,
shoreside processors, and the observers by requiring that all necessary
information be supplied to the observers.
Observer Program Fees
Comment 22: Full coverage vessels will be responsible for paying
costs associated with EM video review. Therefore, they should be able
to choose between EM review service providers similar to how EM
hardware service providers are selected. This would require NMFS to
contract with more than one EM review service provider.
Response: NMFS has not received any new resources to establish EM
programs and does not have the additional staff capacity to administer
multiple EM review service provider contracts. The trawl EM program is
voluntary; there is no requirement for a vessel to participate in the
program if they prefer a different EM review provider.
Comment 23: The Council deliberations during the development of
this program made clear that observer fees should cover the GOA
processors' observer costs. Please clarify that the partial coverage
fee will cover these additional costs.
Response: The partial coverage fee will be used to pay for
observers stationed at non-AFA shoreside
[[Page 60805]]
processors and stationary floating processors.
Comment 24: Please define how trawl EM category costs would be
covered for vessels participating in both the full and partial coverage
pollock fisheries.
Response: Vessels participating in the AFA pollock fishery, for any
number of trips, are considered to be full coverage vessels and are
subject to the EM service requirements for full coverage vessels as
specified in this final rule at Sec. 679.51(g)(1)(ix)(B). Full
coverage catcher vessels and tender vessels will procure their EM
hardware service provider and pay the EM review fee.
Vessels participating only in the partial coverage pollock fishery
are considered to be partial coverage vessels and are subject to the EM
service requirements for partial coverage vessels as specified at Sec.
679.51(g)(1)(ix)(A). Partial coverage catcher vessels and tender
vessels will be covered by the existing observer fee.
Unrelated to This Rule
Comment 25: Close salmon fisheries to protect Southern Resident
killer whales.
Response: This rule pertains to the BS, AI, GOA, and CDQ pollock
fisheries, which do not overlap with any salmon fishery. In any event,
this action improves salmon bycatch accounting in the pollock
fisheries.
Changes From Proposed to Final Rule
This final rule includes the following substantive changes from the
proposed rule to address public comments and clarify regulatory
language. Throughout the regulatory text, NMFS also made technical and
grammar edits to correct regulatory cross references, use consistent
terms, remove redundancy, and promote clarity.
At Sec. 679.2 NMFS revised the definition for ``Trawl EM
category'' by removing the phrase ``the defined group of'' and adding
the phrase ``when those vessels are directed fishing for, or receiving
deliveries of, pollock.'' This revision was necessary to ensure that
catcher vessels in the trawl EM category are only subject to the trawl
EM category regulations when they are directed fishing for pollock with
pelagic trawl gear.
At Sec. 679.7(j)(2)(i)(B), and as explained in more detail in
response to comment 16, NMFS removed the phrase ``This includes `codend
dumping' or `codend bleeding' '' to clarify that bled codends are not
prohibited if necessary to maintain the safety and stability of the
vessel.
As explained in more detail in response to comment 18, NMFS added
Sec. 679.7(j)(2)(i)(F) to make it unlawful for any person to ``Use a
catcher vessel in the trawl EM category to deploy trawl gear in an area
that is closed, for any reason, to directed fishing for pollock.''
At Sec. 679.7(j)(2)(iii)(B), NMFS moved the words ``without an
approved VMP'' within the sentence for clarity.
At Sec. 679.7(j)(2)(ii)(D) and (E), and as explained in more
detail in response to comment 10, NMFS added language to clarify that
the prohibitions on stopping or delaying offloads due to observer
salmon sampling duties would not apply to the GOA or AI pollock
fisheries. The GOA and AI pollock fisheries are open access and
delaying offloads may cause economic inefficiencies. Instead, Sec.
679.7(j)(2)(ii)(D) and (E) apply to the BS and CDQ full coverage
pollock fisheries where all offloads are sampled.
At Sec. 679.22(b)(1)(i) and (ii), and as explained in more detail
in response to comment 8, NMFS added language that allows vessels in
the trawl EM category to have nonpelagic trawl gear aboard the vessel
on trawl EM category fishing trips while fishing in Type I and Type II
areas in Figure 5 to part 679. The EM system aboard the vessel allows
the EM review service provider to monitor whether nonpelagic gear is
deployed in these areas. Vessels will indicate in their VMP which net
reel contains the nonpelagic trawl gear. NMFS used this approach during
the EFP, during which vessels were allowed to fish in these areas with
a nonpelagic trawl aboard the vessel, and detected no issues. This
clarification is consistent with the Analysis and fishery operations
under the EFP.
NMFS revised Sec. 679.28(g)(5) added the words ``up to'' to state
that the CMCP may be approved for up to 1 year. This change was made to
reflect the current state of CMCPs, which may be temporarily approved
for less than one year while required changes are being made.
NMFS revised Sec. 679.28(g)(7)(ix)(C) to include the phrase ``The
workspace must include flooring that prevents slipping and drains well,
adequate lighting, and a hose that supplies fresh or sea water to the
observer.'' This phrase was previously required under Sec.
679.28(d)(6) and was inadvertently removed in the proposed rule.
NMFS revised Sec. 679.28(g)(7)(x)(G) to read, ``Estimated start
time of each vessel offload;'' to clarify intent. This regulation is
intended to provide observers with the anticipated start time for each
trawl EM category offload.
At Sec. 679.28(g)(9)(ii)(D), NMFS revised wording for consistency
with the changes at Sec. 679.7(j)(2)(ii)(D) and (E).
As explained in more detail in response to comment 10, NMFS added
Sec. 679.28(g)(9)(ii)(E), which states ``Regarding the deliveries of
pollock from the Gulf of Alaska or Aleutian Islands, the observer(s)
must be given the opportunity to complete the count of salmon and the
collection of scientific data or biological samples from all offloads
selected for monitoring. When the observer(s) has or have completed all
counting and sampling duties for the offload, plant personnel must
remove the salmon in the presence of the observer(s) from the salmon
storage container and location where salmon are counted and biological
samples or scientific data are collected.'' This revision will not
affect salmon accounting in the GOA and AI pollock fisheries and is
consistent with the Analysis and fishery operations under the EFP.
At Sec. 679.51(g)(1)(i)(A)(1) and (2), NMFS removed the word
``targeting'' and added in its place the phrase ``directed fishing
for'' to clarify that vessels must be ``directed fishing,'' as defined
at Sec. 679.2, for pollock to operate in the trawl EM category.
At Sec. 679.51(g)(1)(v)(B), NMFS added wording to clarify that
vessels that are not operating in the trawl EM category on a particular
fishing trip will remain subject to observer coverage as specified at
Sec. 679.51(a)(1)(i) and (a)(2)(i).
At Sec. 679.51(g)(3)(iv), NMFS removed the phrase ``conducted
under paragraph (g)(5) of this section'' and added the phrase ``trawl
EM category'' to clarify that all vessels must comply with their VMP
regardless of their coverage category.
At Sec. 679.52(d)(3)(ii), and as explained in more detail in
response to comment 13, NMFS added the phrase ``At any time after
initial approval of the EM hardware service provider permit, this
testing requirement must be applied to and met by any EM system
requiring new, or significantly updated, hardware or software is
installed onboard a vessel.'' to clarify that approval of one system
does not transfer to significant variations of that system or to a new
EM system.
At Sec. 679.52(d)(3)(iv), NMFS added the phrase ``if a
corporation'' to be consistent with (d)(3)(v).
At Sec. 679.52(d)(3)(vii), NMFS added the phrase ``to do so'' for
additional clarity.
At Sec. 679.56(a)(4)(ii), NMFS removed the phrase ``make
electronic payment to NMFS'', leaving the words ``submit payment.''
This is to clarify that the method of payment may change as technology
advances.
[[Page 60806]]
NMFS revised wording at Sec. 679.57(b)(4)(ii), (f)(2)(iii)(A), and
(e)(3)(i) for consistency replacing the words ``retain'' and ``land''
with ``harvesting.'' At Sec. 679.57(b)(4)(ii) and (f)(2)(iii)(A), NMFS
also replaced the word ``ensure'' with ``discourage'' to better clarify
the intent of incentive measures.
As explained in more detail in response to comment 18, NMFS added
Sec. 679.57(f)(2)(iii)(E), which states ``Identification of, and the
TEM IPA's response to, vessels directed fishing in conflict with
harvest specifications or directed fishing for Steller Sea Lion forage
species within closed Steller Sea Lion protection areas.''
Classification
NMFS is issuing this rule pursuant to sections 304(b) and 305(d) of
the Magnuson-Stevens Act, which provides the specific authority for
implementing this action. Pursuant to Magnuson-Stevens Act section
305(d), this action is necessary to carry out amendment 126 to the BSAI
FMP, amendment 114 to the GOA FMP, other provisions of the Magnuson-
Stevens Act, and other applicable law and to revise regulations
associated with the Observer Program for clarity and technical
consistency. The NMFS Assistant Administrator has determined that this
final rule is consistent with the FMPs, other provisions of the
Magnuson-Stevens Act, and other applicable law.
This final rule has been determined to be not significant for the
purposes of Executive Order 12866.
Regulatory Impact Review
A Regulatory Impact Review was prepared to assess the costs and
benefits of available regulatory alternatives. A copy of this analysis
is available from NMFS (see ADDRESSES). The Council recommended and
NMFS approved these regulations based on those measures that maximize
net benefits to the Nation.
Certification Under the Regulatory Flexibility Act
The Chief Counsel for Regulation of the Department of Commerce
certified to the Chief Counsel for Advocacy of the Small Business
Administration during the proposed rule stage that this action would
not have a significant economic impact on a substantial number of small
entities. The factual basis for the certification was published in the
proposed rule and is not repeated here. No comments were received
regarding this certification. As a result, a regulatory flexibility
analysis was not required and none was prepared.
Paperwork Reduction Act
This final rule contains collection-of-information requirements
subject to review and approval by the Office of Management and Budget
(OMB) under the Paperwork Reduction Act (PRA). This final rule revises
existing collection-of information requirements for OMB Control Numbers
0648-0213 (Alaska Region Logbook and Activity Family of Forms); 0648-
0330 (NMFS Alaska Region Scale and Catch Weighing Requirements); 0648-
0515 (Alaska Interagency Electronic Reporting System); and 0648-0711
(Alaska Cost Recovery and Fee Programs) and revises and extends 0648-
0318 (North Pacific Observer Program). Because of a concurrent action
for 0648-0213, the revision to that collection of information for this
final rule has been assigned a temporary control number, OMB Control
Number 0648-0819, that will later be merged into 0648-0213. OMB Control
Numbers 0648-0812 (Electronic Logbook: Pacific Cod Trawl Cooperative
Program Catcher Vessels Less Than 60 Ft. LOA) and 0648-0815 (Bering
Sea/Aleutian Islands Pot Gear Catcher/Processor Monitoring) are being
merged into 0648-0515 and 0648-0318, respectively, and 0648-0812 and
0648-0815 will be discontinued upon issuance of this final rule. The
public reporting burden estimates provided below for the collections of
information include the time for reviewing instructions, searching
existing data sources, gathering and maintaining the data needed, and
completing and reviewing the collection of information.
OMB Control Number 0648-0819
This final rule revises the collection of information under OMB
Control Number 0648-0213, associated with paper logbooks. Due to a
concurrent action for that collection, the collection-of-information
requirements have been assigned a temporary control number, OMB Control
Number 0648-0819, that will later be merged into OMB Control Number
0648-0213. This final rule requires logbooks to be submitted by all
catcher vessels in the trawl EM category. Catcher vessels in the trawl
EM category may use either NMFS-approved paper logbooks (OMB Control
Number 0648-0213) or electronic logbooks (OMB Control Number 0648-
0515). Catcher vessels greater than 60 feet (18.3 meters) LOA already
are required to maintain logbooks. Some catcher vessels less than 60
feet (18.3 meters) LOA that are not currently required to submit a
logbook will need to begin doing so to participate in the trawl EM
category; therefore, this final rule will increase the number of
vessels required to submit a logbook. The temporary control number
covers the revisions necessary to 0648-0213 for the catcher vessels
that choose to submit paper logbooks. The public reporting burden per
response is estimated to average 18 minutes for the Catcher Vessel
Trawl Daily Fishing Logbook.
OMB Control Number 0648-0318
NMFS revises and extends for three years the existing requirements for
OMB Control Number 0648-0318, which is associated with the North
Pacific Observer Program. Additionally, OMB Control Number 0648-0815 is
being merged into 0648-0318 and will be discontinued upon issuance of
this final rule. OMB Control Number 0648-0815 was established as a
temporary collection (88 FR 77228, November 9, 2023) because 0648-0318
was being revised by a concurrent action and was intended to be merged
into 0648-0318 following the completion of that action. OMB Control
Number 0648-0318 will be revised to include the following due to this
final rule.
The owner or operator of a catcher vessel or tender vessel is
required to use ODDS to request placement in the trawl EM category.
Catcher vessels in the trawl EM category are required to log all
fishing trips in ODDS. The public reporting burden per response is
estimated to average 5 minutes to submit the request through ODDS and
15 minutes to log a fishing trip in ODDS.
The vessel owner or operator of a catcher vessel or tender vessel
in the trawl EM category is required to submit a VMP to NMFS. The
public reporting burden per response for the VMP is estimated to
average 48 hours.
Vessel operators in the trawl EM category are required to submit EM
data and associated documentation identified in their vessel's VMP to
NMFS. The public reporting burden per response is estimated to average
1 hour.
Vessels in the trawl EM category are required to communicate catch
information to the shoreside processor or stationary floating processor
that would be receiving the catch. The public reporting burden per
response is estimated to average 5 minutes for the landing notice for
EM pollock trawl offloads.
A catcher vessel owner or operator is required to be a party of a
TEM IPA to be approved for the trawl EM partial coverage category. The
TEM IPA representative submits the final TEM IPA to NMFS. The
representative of
[[Page 60807]]
each approved TEM IPA is required to submit a written annual report to
the Council. The public reporting burden per response is estimated to
average 40 hours for the TEM IPA and 40 hours for the TEM IPA annual
report.
Prospective EM hardware service providers need to apply, and be
approved, for an EM hardware service provider permit. The public
reporting burden to obtain this permit is estimated to average 8 hours.
An administrative appeal may be submitted if NMFS issues an IAD to
deny a request to place a vessel in the trawl EM category, an IAD to
disapprove a final TEM IPA, or an IAD for expiration of an EM hardware
services provider permit. The public reporting burden per response for
an administrative appeal is estimated to average 4 hours.
The submission time of the observer deployment/logistics report is
changed to within 24 hours of the observer assignment or daily by 4:30
p.m., Pacific Time, each business day with regard to each observer. Fax
is removed as a submission method for this report, and this final rule
will continue to allow submission by email or any other methods
specified by NMFS. This report is no longer required to include the
location of any observer employed by the observer provider who is not
assigned to a vessel, shoreside processor, or stationary floating
processor. These changes are not expected to change the average
response time for this report. The public reporting burden per response
is estimated to average 7 minutes.
This final rule allows for electronic submission of the reports
that are submitted by an observer provider and used by NMFS to monitor
and enforce standards of observer conduct and identify problems on
deployments that may compromise the observer's health or well-being.
This final rule also requires the provider's responses to the violation
in the report. These changes are not expected to change the average
response time for these reports. The public reporting burden per
response is estimated to average 2 hours.
This final rule removes fax as an electronic communication method
and continues to allow submission by email or other methods specified
by NMFS for other observer provider responsibilities. The public
reporting burden per response to these requirements is estimated to
average 60 hours for the observer provider permit application; 8 hours
for college transcripts; 1 hour for observer training registration; 7
minutes each for observer briefing registration and projected observer
assignments; 5 minutes each for physical examination verification and
updates to observer provider information; 12 minutes for certificates
of insurance; and 30 minutes each for observer debriefing registration,
observer provider contracts, and observer provider invoices.
OMB Control Number 0648-0330
The information collection for 0648-0330 is revised because this
final rule requires all shoreside processors and stationary floating
processors receiving pollock from vessels in the trawl EM category to
have NMFS-approved CMCPs in place before receiving deliveries from
catcher vessels or tender vessels in the trawl EM category. Some
processors that do not currently submit a CMCP will need to begin doing
so; therefore, this requirement will increase the number of respondents
that submit a CMCP. The public reporting burden per response is
estimated to average 40 hours for the new participants required to
submit a CMCP and initially in the first 2 years after implementation
for existing CMCPs, but in the following years the burden will be
reduced.
OMB Control Number 0648-0515
The information collection for 0648-0515 is revised due to this
final rule. Additionally, OMB Control Number 0648-0812 is being merged
into 0648-0515 and will be discontinued upon issuance of this final
rule. OMB Control Number 0648-0812 was established as a temporary
collection (88 FR 53704, August 8, 2023) because 0648-0515 was being
revised by concurrent actions and was intended to be merged into 0648-
0515 following the completion of those actions. This final rule
requires logbooks to be submitted by all catcher vessels in the trawl
EM category. Catcher vessels in the trawl EM category may use either
NMFS-approved electronic logbooks (OMB Control Number 0648-0515) or
paper logbooks (OMB Control Number 0648-0213). Catcher vessels greater
than 60 feet (18.3 meters) LOA already are required to maintain
logbooks. Some catcher vessels less than 60 feet (18.3 meters) LOA that
are not currently required to submit a logbook will need to begin doing
so to participate in the trawl EM category; therefore, this final rule
will increase the number of vessels required to submit a logbook. The
revision to this collection of information due to the rule adds the
catcher vessels less than 60 feet (18.3 meters) LOA that choose to
submit electronic logbooks. The public reporting burden per response is
estimated to average 15 minutes per day into the Catcher Vessel
Electronic Logbook.
OMB Control Number 0648-0711
The information collection for 0648-0711 is revised because this
final rule requires the owner of a catcher vessel in the full coverage
trawl EM category to submit the new full coverage trawl EM fee. The
public reporting burden per response is estimated to average 1 minute
for the fee payment.
Public Comment
We invite the general public and other Federal agencies to comment
on proposed and continuing information collections, which helps us
assess the impact of our information collection requirements and
minimize the public's reporting burden. Written comments are
recommendations for this information collection should be submitted at
the following website <a href="http://www.reginfo.gov/public/do/PRAMain">www.reginfo.gov/public/do/PRAMain</a>. Find these
particular information collections by using the search function and
entering either the title of the collection or the OMB Control Number.
Notwithstanding any other provisions of the law, no person is
required to respond or, nor shall any person by subject to a penalty
for failure to comply with, a collection of information subject to the
requirements of the PRA, unless that collection of information displays
a currently valid OMB control number.
List of Subjects
15 CFR Part 902
Reporting and recordkeeping requirements.
50 CFR Part 679
Alaska, Fisheries, Reporting and recordkeeping requirements.
Dated: July 15, 2024.
Samuel D. Rauch, III,
Deputy Assistant Administrator for Regulatory Programs National Marine
Fisheries Service.
For the reasons set out in the preamble, NMFS amends 15 CFR part
902 and 50 CFR part 679 as follows:
PART 902--NOAA INFORMATION COLLECTION REQUIREMENTS UNDER THE
PAPERWORK REDUCTION ACT: OMB CONTROL NUMBERS
0
1. The authority citation for part 902 continues to read as follows:
Authority: 44 U.S.C. 3501 et seq.
0
2. Amend Sec. 902.1, in the table in paragraph (b), under ``50 CFR'',
by:
0
a. Revising the entry for ``679.5(a)''; and
0
b. Adding in numerical order entries for ``679.28(g)(2)(iv)'',
``679.56'', and ``679.57''.
[[Page 60808]]
The revision and additions read as follows:
Sec. 902.1 OMB control numbers assigned pursuant to the Paperwork
Reduction Act.
* * * * *
(b) * * *
------------------------------------------------------------------------
CFR part or section where the information Current OMB control No. (all
collection requirement is located numbers begin with 0648-)
------------------------------------------------------------------------
* * * * * ............................
50 CFR....................................
* * * * * ............................
679.5(a).................................. -0213, -0269, -0515, and -
0272.
* * * * * ............................
679.28(g)(2)(iv).......................... -0330.
* * * * * ............................
679.56.................................... -0711.
679.57.................................... -0318.
* * * * * ............................
------------------------------------------------------------------------
PART 679--FISHERIES OF THE EXCLUSIVE ECONOMIC ZONE OFF ALASKA
0
3. The authority citation for part 679 continues to read as follows:
Authority: 16 U.S.C. 773 et seq.; 1801 et seq.; 3631 et seq.;
Pub. L. 108-447; Pub. L. 111-281.
0
4. Amend Sec. 679.2 by:
0
a. Removing the definition of ``EM selection pool'';
0
b. Revising the definition of ``EM service provider'' and paragraph
(3)(iv) of the definition ``Fishing trip''; and
0
c. Adding in alphabetical order the definition of ``Nontrawl EM
selection pool'', ``Trawl EM category'', and ``Trawl EM Incentive Plan
Agreement (TEM IPA)''
The revisions and additions read as follows:
Sec. 679.2 Definitions.
* * * * *
EM service provider means any person, including their employees or
agents, that NMFS contracts with, or grants an EM hardware service
provider permit to under Sec. 679.52(d), to provide EM services, or to
collect, review, interpret, or analyze EM data, as required under Sec.
679.51. The two types of EM service providers are as follows:
(1) EM hardware service provider is a provider that NMFS grants a
permit under Sec. 679.52(d) and is authorized to deploy and service EM
hardware aboard vessels in an EM category as specified in Sec. 679.51.
(2) EM data review service provider is a provider that NMFS
contracts with, or otherwise has an established business relationship
with, to review, interpret, or analyze EM data as required under Sec.
679.51.
* * * * *
Fishing trip means:
* * * * *
(3) * * *
(iv) For a vessel in any EM category, the period of time that
begins when the vessel with an empty hold departs a port or tender
vessel until the vessel returns to a port or tender vessel and offloads
or delivers all fish.
* * * * *
Nontrawl EM selection pool means the defined group of vessels from
which NMFS will randomly select the vessels required to use an EM
system under Sec. 679.51(f).
* * * * *
Trawl EM category means catcher vessels and tender vessels with a
NMFS-approved VMP that are required to use an EM system as specified
under Sec. 679.51(g)(1) when those vessels are directed fishing for,
or receiving deliveries of, pollock.
Trawl EM Incentive Plan Agreement (TEM IPA) means a voluntary
private contract in writing, approved by NMFS under Sec. 679.57, that
establishes incentives for partial coverage catcher vessels in the
trawl EM category to keep catch within the limits to which vessels not
in the trawl EM category are subject. These limits include the catcher
vessel harvest limit for pollock in the Gulf of Alaska (Sec.
679.7(b)(2)) and MRAs (Sec. 679.20(e)).
* * * * *
0
5. Amend Sec. 679.5 by adding paragraph (a)(1)(iii)(H) and revising
paragraph (a)(4)(i) to read as follows:
Sec. 679.5 Recordkeeping and reporting (R&R).
(a) * * *
(1) * * *
(iii) * * *
------------------------------------------------------------------------
For more
If harvest made under . . . Record the . . . information,
program see . . .
------------------------------------------------------------------------
* * * * * * *
(H) Trawl EM Category (TEM)....... Management program Sec. 679.51.
modifier as TEM.
------------------------------------------------------------------------
* * * * *
(4) * * *
(i) Catcher vessels less than 60 ft (18.3 m) LOA. The owner and
operator of a catcher vessel less than 60 ft (18.3 m) LOA are required
to comply with the vessel activity report described at paragraph (k) of
this section, but otherwise are not required to comply with the R&R
requirements of this section, except for:
(A) Vessels using pot gear as described in paragraph
(c)(3)(i)(B)(1) of this section;
(B) Vessels participating in the PCTC Program as described in
paragraph (x) of this section; and
(C) Catcher vessels in the trawl EM category as described in Sec.
679.51(g).
* * * * *
0
6. Amend Sec. 679.7 by:
0
a. Adding paragraph (a)(11)(iii);
0
b. Revising paragraphs (a)(14) and (a)(16);
0
c. Removing and reserving paragraph (a)(17); and
0
d. Revising paragraphs (b)(2)(i) through (iii), and (j).
The addition and revisions read as follows:
Sec. 679.7 Prohibitions.
(a) * * *
(11) * * *
(iii) Tender vessel. Use a catcher vessel or catcher/processor to
harvest groundfish while operating as a tender vessel.
* * * * *
(14) Trawl gear performance standard--(i) BSAI. Except for catcher
vessels in the trawl EM category, use a vessel to participate in a
directed fishery for pollock using trawl gear and have on board the
vessel, at any particular time, 20 or more crabs of any species that
have a carapace width of more than 1.5 inches (38 mm) at the widest
dimension.
(ii) GOA. Except for catcher vessels in the trawl EM category, use
a vessel to participate in a directed fishery for pollock using trawl
gear when directed fishing for pollock with nonpelagic trawl gear is
closed and have on board
[[Page 60809]]
the vessel, at any particular time, 20 or more crabs of any species
that have a carapace width of more than 1.5 inches (38 mm) at the
widest dimension.
* * * * *
(16) Retention of groundfish bycatch species. Except for catcher
vessels in the trawl EM category, exceed the maximum retainable amount
established under Sec. 679.20(e).
* * * * *
(b) * * *
(2) * * *
(i) Except for catcher vessels in the trawl EM category, retain
more than 300,000 lb (136 mt) of unprocessed pollock on board a catcher
vessel issued a FFP at any time during a fishing trip as defined at
Sec. 679.2;
(ii) Except for catcher vessels in the trawl EM category, land more
than 300,000 lb (136 mt) of unprocessed pollock harvested in any GOA
reporting area from a catcher vessel issued a FFP to any processor or
tender vessel during a calendar day as defined at Sec. 679.2; and
(iii) Except for catcher vessels in the trawl EM category, land a
cumulative amount of unprocessed pollock harvested from any GOA
reporting area from a catcher vessel issued a FFP during a directed
fishery that exceeds the amount in paragraph (b)(2)(ii) of this section
multiplied by the number of calendar days that occur during the time
period the directed fishery is open in that reporting area.
* * * * *
(j) North Pacific Observer Program--Electronic Monitoring.--(1)
General.
(i) Fish without an EM system when a vessel is required to carry an
EM system under Sec. 679.51.
(ii) Fish with an EM system without a copy of a valid NMFS-approved
VMP on board when directed fishing in a fishery subject to EM coverage.
(iii) Fail to comply with a NMFS-approved VMP when directed fishing
in a fishery subject to EM coverage.
(iv) Fail to ensure an EM system is functioning prior to departing
port on a fishing trip as specified at Sec. 679.51(f)(5)(vi)(A).
(v) Fail to ensure an EM system is functional prior to departing on
a fishing trip as specified at Sec. 679.51(g)(3)(v).
(vi) Depart on a fishing trip without a functional EM system, per
the VMP, unless approved to do so by NMFS, after the procedures at
Sec. 679.51(f)(5)(vi)(A)(1), or Sec. 679.51(g), have been followed.
(vii) Fail to follow procedures related to EM system malfunctions
as described at Sec. 679.51(f)(5)(vi)(B) or Sec. 679.51(g) prior to
deploying each set of gear on a fishing trip selected for EM coverage.
(viii) Fail to make the EM system, associated equipment, logbooks,
and other records available for inspection upon request by NMFS, OLE,
or other NMFS-authorized officer.
(ix) Fail to submit EM data as specified under Sec.
679.51(f)(5)(vii) or Sec. 679.51(g).
(x) Tamper with, bias, disconnect, damage, destroy, alter, or in
any other way distort, render useless, inoperative, ineffective, or
inaccurate any component of the EM system, associated equipment, or
data recorded by the EM system when the vessel is directed fishing in a
fishery subject to EM coverage, unless the vessel operator is directed
to make changes to the EM system by NMFS, the EM service provider, or
as directed in the troubleshooting guide of the VMP.
(xi) Assault, impede, intimidate, harass, sexually harass, bribe,
or interfere with an EM service provider.
(xii) Interfere with or bias the sampling procedure employed in the
EM selection pool, including either mechanically or manually sorting or
discarding catch outside of the camera view or inconsistent with the
NMFS-approved VMP.
(xiii) Fail to meet the vessel owner and operator responsibilities
when using an EM system as specified at Sec. 679.51(f)(5) or Sec.
679.51(g)(5).
(2) Trawl EM category--(i) Catcher vessels in the trawl EM
category. (A) Use a catcher vessel in the partial coverage trawl EM
category to fish without being party to an approved trawl EM incentive
plan agreement established under Sec. 679.57;
(B) Use a catcher vessel in the trawl EM category to discard catch
from the codend before it is brought on board the vessel unless
required to maintain the safety and stability of the vessel;
(C) Use a catcher vessel in the trawl EM category to deploy a
nonpelagic trawl;
(D) Use a catcher vessel in the trawl EM category to land catch to
a tender vessel that is not in the trawl EM category or does not have a
NMFS-approved VMP;
(E) Use a catcher vessel in the trawl EM category to land catch to
a shoreside processor or stationary floating processor that does not
have a NMFS-approved CMCP; or
(F) Use a catcher vessel in the trawl EM category to deploy trawl
gear in an area that is closed, for any reason, to directed fishing for
pollock.
(ii) Shoreside processors and stationary floating processors. (A)
Receive any delivery from a vessel in the trawl EM category without
being issued and following a NMFS-approved Catch Monitoring Control
Plan as described in Sec. 679.28(g).
(B) Store any non-salmon species in a designated salmon storage
container as described in a NMFS-approved Catch Monitoring Control Plan
per Sec. 679.28(g).
(C) Allow any salmon species to be placed into any location other
than the designated salmon storage container described in a NMFS-
approved Catch Monitoring Control Plan per Sec. 679.28(g) at a
shoreside processor or stationary floating processor.
(D) Begin sorting a trawl EM category offload from the Bering Sea
or CDQ pollock fisheries before an observer has completed the count of
all salmon and the collection of scientific data and biological samples
from the previous offload.
(E) Continue to sort trawl EM category catch from the Bering Sea or
CDQ pollock fisheries if the salmon storage container described in a
NMFS-approved Catch Monitoring Control Plan per Sec. 679.28(g) is
full.
(F) Allow any PSC harvested or delivered by a vessel in the trawl
EM category to be sold, purchased, bartered, or traded.
(iii) Tender vessels. (A) Operate a tender vessel in the trawl EM
category and receive a delivery from a catcher vessel in the trawl EM
category and a catcher vessel not in the trawl EM category during the
same fishing trip.
(B) Operate a tender vessel in the trawl EM category without an
approved VMP and receive a delivery from a catcher vessel in the trawl
EM category.
* * * * *
0
7. Amend Sec. 679.20 by revising paragraph (d)(2) to read as follows:
Sec. 679.20 General limitations.
* * * * *
(d) * * *
(2) Groundfish as prohibited species closure. When the Regional
Administrator determines that the TAC of any target species specified
under paragraph (c) of this section, or the share of any TAC assigned
to any type of gear, has been or will be achieved prior to the end of a
year, NMFS will publish notification in the Federal Register requiring
that target species be treated in the same manner as a prohibited
species, as described under Sec. 679.21(a), for the remainder of the
year, except:
(i) Rockfish species caught by catcher vessels using hook-and-line,
pot, or jig gear as described in paragraph (j) of this section; and
(ii) Catcher vessels in the trawl EM category.
* * * * *
[[Page 60810]]
0
8. Amend Sec. 679.21 by adding paragraphs (a)(2)(ii)(A) and (B), and
revising paragraph (f)(15)(ii)(C) to read as follows:
Sec. 679.21 Prohibited species bycatch management.
(a) * * *
(2) * * *
(ii) * * *
(A) Vessels in the trawl EM category must retain all prohibited
species catch for sampling by an observer.
(B) [Reserved]
* * * * *
(f) * * *
(15) * * *
(ii) * * *
(C) Shoreside processors and stationary floating processors must
comply with the requirements in Sec. 679.28(g)(9) and (10) for the
receipt, sorting, and storage of salmon from deliveries of catch from
the BS pollock fishery.
* * * * *
0
9. Amend Sec. 679.22 by revising paragraph (b)(1)(i) and (ii) to read
as follows:
Sec. 679.22 Closures.
* * * * *
(b) * * *
(1) * * *
(i) Type I closures. No person may trawl in waters of the EEZ
within the vicinity of Kodiak Island, as shown in Figure 5 to this part
as Type I areas, from a vessel having any trawl other than a pelagic
trawl either attached or on board, except as follows. Vessels in the
trawl EM category may have a trawl other than a pelagic trawl either
attached or on board, but may not deploy a trawl other than a pelagic
trawl in a Type I area.
(ii) Type II closures. From February 15 to June 15, no person may
trawl in waters of the EEZ within the vicinity of Kodiak Island, as
shown in Figure 5 to this part as Type II areas, from a vessel having
any trawl other than a pelagic trawl either attached or on board,
except as follows. Vessels in the trawl EM category may have a trawl
other than a pelagic trawl either attached or on board, but may not
deploy a trawl other than a pelagic trawl in a Type II area.
* * * * *
0
10. Amend Sec. 679.28 by:
0
a. Revising paragraphs (d)(10)(i) and (g)(1);
0
b. Adding paragraph (g)(2)(iv);
0
c. Revising paragraphs (g)(3) through (6);
0
d. Adding (g)(7) introductory text;
0
e. Revising (g)(7)(v);
0
f. Removing paragraph (g)(7)(vi)(C);
0
g. Revising paragraphs (g)(7)(vii) through (xi); and
0
h. Adding paragraphs (g)(8) through (10).
The revisions and additions read as follows:
Sec. 679.28 Equipment and operational requirements.
* * * * *
(d) * * *
(10) * * *
(i) How does a vessel owner arrange for an observer sampling
station inspection? The vessel owner must submit an Inspection Request
for Observer Sampling Station with all the information fields
accurately filled in to NMFS by emailing
(<a href="/cdn-cgi/l/email-protection#8af9feebfee3e5e4a4e3e4f9faefe9fee3e5e4f9cae4e5ebeba4ede5fc"><span class="__cf_email__" data-cfemail="91e2e5f0e5f8feffbff8ffe2e1f4f2e5f8feffe2d1fffef0f0bff6fee7">[email protected]</span></a>), or completing the online request form,
at least 10 working days in advance of the requested date of
inspection. The request form is available on the NMFS Alaska Region
website.
* * * * *
(g) * * *
(1) What is a CMCP? A CMCP is a plan submitted by the owner and
manager of a processing plant, and approved by NMFS, detailing how the
processor will meet the applicable catch monitoring and control
standards detailed in paragraphs (g)(7) through (10) of this section.
(2) * * *
(iv) Any shoreside processor or stationary floating processor
receiving any delivery from catcher vessels or tender vessels in the
trawl EM category as defined at Sec. 679.2.
(3) How is a CMCP approved by NMFS? NMFS will approve a CMCP if it
meets all the applicable requirements specified in paragraphs (g)(7)
through (10) of this section. The processor may be inspected by NMFS
prior to approval of the CMCP to ensure that the processor conforms to
the elements addressed in the CMCP. NMFS will complete its review of
the CMCP within 14 working days of receipt. If NMFS disapproves a CMCP,
the processor owner or manager may resubmit a revised CMCP or file an
administrative appeal as set forth under the administrative appeals
procedures described at Sec. 679.43.
(4) How is a CMCP inspection arranged? The processor must submit a
request for a CMCP inspection. The time and place of a CMCP inspection
may be arranged by submitting a written request to NMFS, Alaska Region,
or other method of electronic communication designated by NMFS. NMFS
will review the inspection request within 10 working days after
receiving a complete application for an inspection. The inspection
request must include:
(i) Name of the person submitting the application and the date of
the application;
(ii) Address, telephone number, and email address of the person
submitting the application; and
(iii) A proposed CMCP detailing how the processor will meet each of
the applicable performance standards in paragraphs (g)(7) through (10)
of this section.
(5) For how long is a CMCP approved? NMFS will approve a CMCP for
up to 1 year if it meets the applicable performance standards specified
in paragraphs (g)(7) through (10) of this section. An owner or manager
must notify NMFS in writing if changes are made in plant operations or
layout that do not conform to the CMCP.
(6) How do I make changes to my CMCP? An owner and manager may
change an approved CMCP by submitting a CMCP addendum to NMFS. NMFS
will approve the modified CMCP if it continues to meet the applicable
performance standards specified in paragraphs (g)(7) through (10) of
this section. Depending on the nature and magnitude of the change
requested, NMFS may require a CMCP inspection as described in paragraph
(g)(3) of this section. A CMCP addendum must contain:
(i) Name of the person submitting the addendum;
(ii) Address, telephone number, and email address of the person
submitting the addendum; and
(iii) A complete description of the proposed CMCP change.
(7) Catch monitoring and control standards. For all shoreside
processors or stationary floating processors accepting any delivery
from the fisheries listed in paragraph (g)(2) of this section:
* * * * *
(v) Delivery point. Each CMCP must identify a single delivery
point. The delivery point is the first location where fish removed from
a delivering catcher vessel can be sorted or diverted to more than one
location. If the catch is pumped from the hold of a catcher vessel or a
codend, the delivery point normally will be the location where the pump
first discharges the catch. If catch is removed from a vessel by
brailing, the delivery point normally will be the bin or belt where the
brailer discharges the catch. The CMCP must describe how the catch will
be offloaded at the delivery point.
* * * * *
(vii) Scale Drawing of the Plant. The CMCP must be accompanied by a
scale drawing of the plant showing:
[[Page 60811]]
(A) The delivery point;
(B) Flow of fish;
(C) The observation area;
(D) The observer sampling station described in paragraph (g)(7)(ix)
of this section;
(E) The location of each scale used to weigh catch;
(F) Each location where catch is sorted including the last location
where sorting could occur; and
(G) Information to meet other requirements of this part, if
requested by NMFS.
(viii) Reasonable assistance. Shoreside processors and stationary
floating processors must provide reasonable assistance as described in
Sec. 679.51(e)(2)(vi), to observer(s) and to the Rockfish CMCP
specialist. The CMCP must identify staff responsible for ensuring
reasonable assistance is provided.
(ix) Observer sampling station. Each CMCP, except for the Rockfish
Program, must identify and include an observer(s) sampling station for
the exclusive use of observer(s). Unless otherwise approved by NMFS,
the sampling station must meet the following criteria:
(A) Location of observer sampling station. (1) The observer
sampling station must be located in an area protected from the weather
where the observer has access to unsorted catch.
(2) The observer sampling station must be adjacent to the location
where salmon will be counted and biological samples or scientific data
are collected.
(3) Clear, unobstructed passage must be provided between the
observer sampling station and observer sample collection point. The
observer(s) must be able to monitor the collection and transport of
unsorted catch to the observer sampling station.
(B) Proximity of observer sampling station. The observer sampling
station must be located within 4 meters of the observer sample
collection point without encountering safety hazards, or, reasonable
assistance must be given to move samples into the observer sampling
station upon request.
(C) Minimum workspace requirements. The observer sampling station
must include: A working area of at least 4.5 square meters. The
observer(s) must be able to stand upright and have a sampling area at
least 0.9 meters deep in front of the table and scale. The workspace
must include flooring that prevents slipping and drains well, adequate
lighting, and a hose that supplies fresh or sea water to the observer.
(D) Clear, unobstructed passage. A clear and unobstructed passage
is required between the observer sample collection point and sampling
station, and within the observer sampling station. Passageways must be
at least 65 centimeters wide at their narrowest point, and be free of
tripping or head bumping hazards.
(E) Table. The observer sampling station must include a table at
least 0.6 meters deep, 1.2 meters wide, 0.9 meters high, and no more
than 1.1 meters high. The entire surface area of the table must be
available for use by the observer(s). Any area used for the observer
sampling scale is in addition to the minimum space requirements for the
table specified at paragraph (g)(7)(ix)(B) of this section. The
observer sampling table must be secure, and stable.
(F) Observer Platform scale. The observer sampling station must
include a platform scale as described in paragraph (c)(4) of this
section, and must meet the requirements specified in paragraph
(c)(3)(v) of this section when tested by the observer. The platform
scale must be located within 1 meter of the observer sampling table.
The scale must be mounted so that the weighing surface is no more than
0.7 meters above the floor.
(G) Lockable cabinet. The observer work station must include a
secure and lockable cabinet or locker of at least 0.5 cubic meters, and
must be for the exclusive use of the observer(s).
(x) Communication with observer. The CMCP, except for the Rockfish
Program, must describe what communication equipment such as radios or
cellular phones is used to facilitate communications within the plant.
The plant owner must ensure that the plant manager provides the
observer(s) with the same communications equipment used by plant staff.
The plant owner or plant manager must communicate the following
information to the observer(s), including:
(A) Daily schedule of expected landings;
(B) Vessel name;
(C) Identify which management areas the vessel was operating in;
(D) If the delivering vessel is operating under the trawl EM
category;
(E) Estimated tonnage onboard the vessel;
(F) If there is a deckload;
(G) Estimated start time of each vessel offload;
(H) Estimated time to complete the offload;
(I) If the vessel offload will be interrupted for any reason; and
(J) Any other information required by the applicable CMCP or VMP.
(xi) Processor liaison. The CMCP must designate a processor
liaison. The processor liaison is responsible for:
(A) Orienting new observer(s) to the plant and providing a copy of
the NMFS-approved CMCP and any subsequent addendums or revisions; and
(B) Assisting in the resolution of observer(s) concerns.
(8) Rockfish Program. In addition to compliance with requirements
set forth at paragraph (g)(7) of this section, all shoreside processors
or stationary floating processors receiving deliveries of groundfish
harvested under the authority of a rockfish CQ permit must:
(i) Rockfish CMCP specialist notification. Describe how the
Rockfish CMCP specialist will be notified of deliveries of groundfish
harvested under the authority of a rockfish CQ permit.
(ii) [Reserved]
(9) Processors receiving AFA pollock, CDQ pollock, and trawl EM
category deliveries. In addition to compliance with requirements set
forth at paragraph (g)(7) of this section, all shoreside processors and
stationary floating processors receiving deliveries from the fisheries
described in paragraphs (g)(2)(i),(ii), and (iv) of this section, must
comply with the following:
(i) Salmon storage container. (A) A salmon storage container must
be designated for the exclusive purpose of storing salmon during an
offload;
(B) The observer(s) must have a clear, unobstructed view of the
salmon storage container to ensure no salmon of any species are removed
without the observer's knowledge;
(C) The CMCP must describe the process of sorting and storing
salmon; and
(D) The scale drawing of the plant must include the location of the
salmon storage container.
(ii) Salmon sorting and handling practices. (A) Sort and transport
all salmon to the salmon storage container identified in the CMCP (see
paragraphs (g)(7)(vi)(C) and (g)(7)(x)(F) of this section). The salmon
must remain in that salmon storage container and within the view of the
observer(s) at all times during the offload;
(B) If, at any point during the offload, salmon are too numerous to
be contained in the salmon storage container, cease the offload and all
sorting and give the observer(s) the opportunity to count and collect
scientific data or biological samples from all salmon in the storage
bin. The counted salmon then must be removed from the area by plant
personnel in the presence of the observer(s);
(C) At the completion of the offload, give the observer(s) the
opportunity to count the salmon and collect scientific data or
biological samples;
[[Page 60812]]
(D) When receiving deliveries of pollock from the Bering Sea or CDQ
pollock fisheries, give the observer(s) the opportunity to complete the
count of salmon and the collection of scientific data or biological
samples from the previous offload of catch before sorting of the next
offload of any catch may begin. When the observer(s) has completed all
counting and sampling duties for the offload, plant personnel must
remove the salmon in the presence of the observer(s), from the salmon
storage container and location where salmon are counted and biological
samples or scientific data are collected; and
(E) Regarding deliveries of pollock from the Gulf of Alaska or
Aleutian Islands, the observer(s) must be given the opportunity to
complete the count of salmon and the collection of scientific data or
biological samples from all offloads selected for monitoring. When the
observer(s) has completed all counting and sampling duties for the
offload, plant personnel must remove the salmon in the presence of the
observer(s), from the salmon storage container and location where
salmon are counted and biological samples or scientific data are
collected.
(iii) Observer sample collection point. The observer sample
collection point is the location where the observer collects unsorted
catch.
(A) The observer sample collection point (see paragraph
(g)(7)(ix)(A)(3) of this section) must have a diverter mechanism to
allow fish to be diverted from the belt directly into the observer's
sampling baskets. The location and design of the diverter mechanism
must be described in the CMCP; and
(B) The scale drawing of the plant, specified at paragraph
(g)(7)(vii) of this section, must include the location of the observer
sample collection point.
(iv) Observer sampling scales and test weights. (A) Identify by
serial number each observer sampling scale in the CMCP;
(B) Provide observer sampling scales that are accurate and within
the limits specified in paragraph (c)(4)(v) of this section;
(C) Test weights must be made available for the observer(s) use, be
kept in good condition, be made of stainless steel or other corrosion-
resistant material, and must meet requirements specified in paragraph
(c)(4)(iii) of this section;
(D) List the serial numbers of the test weights to be used to test
the observer sampling scale in the CMCP; and
(E) The CMCP must identify where the test weights will be stored.
Test weights must be stored within the observer sampling station or
reasonable assistance must be provided upon observer(s) request to move
the weights from the storage location to the observer sampling scale.
(10) AFA pollock and CDQ pollock. In addition to paragraphs (g)(7)
and (9) of this section, all shoreside processors and stationary
floating processors accepting deliveries described in paragraph
(g)(2)(i) of this section have the following additional requirements:
(i) Ensure no salmon of any species pass beyond the last point
where sorting of fish occurs, as identified in the scale drawing of the
plant, paragraph (g)(7)(vii) of this section, in the CMCP;
(ii) The CMCP must describe the process that will be used to sort
salmon, including the procedures for handling salmon that have passed
beyond the last point where sorting of fish occurs; and
(iii) Meet all salmon handling requirements as described in (g)(9)
of this section.
* * * * *
0
11. Amend Sec. 679.51 by:
0
a. Removing the words ``NMFS Alaska Region website at <a href="https://alaskafisheries.noaa.gov/">https://alaskafisheries.noaa.gov/</a>'', ``NMFS Alaska Region website <a href="https://alaskafisheries.noaa.gov/">https://alaskafisheries.noaa.gov/</a>'', ``NMFS Alaska Region website at <a href="http://alaskafisheries.noaa.gov">http://alaskafisheries.noaa.gov</a>'', ``NMFS Alaska Region website at <a href="http://alaskafisheries.noaa.gov">http://alaskafisheries.noaa.gov</a>'', and ``NMFS Alaska Region website (<a href="http://alaskafisheries.noaa.gov">http://alaskafisheries.noaa.gov</a>)'' wherever they appear, and, adding in their
place, the words ``NMFS Alaska Region website'';
0
b. Adding paragraph (a)(1)(iv);
0
c. Revising paragraphs (a)(2)(ii) and (b)(2)(i);
0
d. Adding paragraph (b)(3);
0
e. In paragraph (c)(3), removing the phrase ``transmitted by facsimile
to 206-526-4066'' and adding in its place the phrase ``other method
specified by NMFS on the NMFS Observer Program website'';
0
f. In paragraph (f), removing the words ``EM selection pool'' wherever
they appear and adding in their place the words ``nontrawl EM selection
pool'';
0
g. Revising paragraph (f)(2) paragraph heading;
0
h. In paragraph (f)(3)(ii), removing the phrase ``the video data
storage devices'' and adding in its place the phrase ``EM data'';
0
i. Revising paragraph (f)(4)(v);
0
j. Adding paragraph (f)(4)(vi);
0
k. In paragraph (f)(5)(vii), removing the phrase ``the video data
storage device'' and adding in its place the words ``EM data''; and
0
l. Adding paragraph (g).
The additions and revisions read as follows:
Sec. 679.51 Observer and Electronic Monitoring System requirements
for vessels and plants.
(a) * * *
(1) * * *
(iv) Observer workload at shoreside processors and stationary
floating processors. Regarding shoreside processors and stationary
floating processors, the time required for an observer to complete
sampling, data recording, and data communication duties, per this
paragraph (a)(1), may not exceed 12 hours in each 24-hour period.
(2) * * *
(ii) Observer coverage requirements. A vessel listed in paragraphs
(a)(2)(i)(A) through (C) of this section must have at least one
observer aboard the vessel at all times. Some fisheries require
additional observer coverage in accordance with paragraph (a)(2)(vi) of
this section. The following exceptions apply:
(A) A vessel subject to the partial observer coverage category as
per paragraph (a)(1)(i) of this section;
(B) A vessel approved to be in the full coverage trawl EM category;
vessels in the full coverage trawl EM category are subject to observer
coverage if NMFS determines that at-sea coverage is necessary in the
Annual Deployment Plan.
* * * * *
(b) * * *
(2) * * *
(i) Coverage level. (A) An AFA inshore processor must provide an
observer for each 12-consecutive-hour period of each calendar day
during which the processor takes delivery of, or processes, groundfish
harvested by a vessel engaged in a directed pollock fishery in the BS.
An AFA inshore processor that, for more than 12 consecutive hours in a
calendar day, takes delivery of or processes pollock harvested in the
BS directed pollock fishery must provide two observers for each such
day.
(B) The owner and operator of an AFA shoreside or stationary
floating processor receiving deliveries from a catcher vessel in the
trawl EM category must provide the necessary number of observers to
meet the criteria prescribed by NMFS in the Annual Deployment Plan for
each calendar day during which the processor takes delivery of, or
processes, groundfish harvested by a vessel engaged in a directed
pollock fishery in the BS.
* * * * *
[[Page 60813]]
(3) Shoreside processor and stationary floating processor receiving
a delivery from catcher or tender vessels in the trawl EM category--(i)
Deadline to submit a request to receive trawl EM deliveries. A
shoreside processor and stationary floating processor must submit a
request to NMFS by November 1 of the year prior to the fishing year in
which they intend to receive deliveries from catcher vessels or tender
vessels in the trawl EM category.
(ii) [Reserved]
* * * * *
(f) * * *
(2) Notification of nontrawl EM trip selection.
* * * * *
(4) * * *
(v) If, at any time, changes are required to the VMP to improve the
data collection of the EM system or address fishing operation changes,
the vessel owner or operator must work with NMFS and the EM service
provider to amend the VMP. The vessel owner or operator must sign the
amended VMP and submit these changes to the VMP to NMFS prior to
departing on the next fishing trip selected for EM coverage.
(vi) The VMP will require information regarding:
(A) Vessel and contact information;
(B) Gear used;
(C) EM hardware functionality requirements;
(D) Requirements for meeting program objectives as specified in the
Annual Deployment Plan;
(E) List of potential solutions for hardware malfunctions;
(F) Images of camera locations and camera views;
(G) EM hardware service provider information;
(H) Valid signatures from the EM hardware service provider and
vessel owner or operator; and
(I) Any other information required by the applicable VMP.
* * * * *
(g) Trawl EM category--(1) Vessel placement in the trawl EM
category--(i) Applicability. (A) The owner or operator of a catcher
vessel with a pollock trawl endorsement (PTW) on their FFP in the
partial coverage category under paragraph (a)(1)(i) of this section, or
in the full coverage category in paragraph (a)(2)(i) of this section,
may request to be placed in the trawl EM category.
(1) Partial coverage trawl EM category. Catcher vessels directed
fishing for pollock with pelagic trawl gear in the GOA or AI fisheries.
(2) Full coverage trawl EM category. Catcher vessels directed
fishing for pollock with pelagic trawl gear in the BS or CDQ fisheries.
(B) The owner or operator of a tender vessel must request to be
placed in the trawl EM category before receiving a delivery from a
catcher vessel in the trawl EM category.
(ii) How to request placement in the trawl EM category. The owner
or operator of a vessel must complete the trawl EM category request and
submit it to NMFS using ODDS. Access to ODDS is available through the
NMFS Alaska Region website. ODDS is described in paragraph (a)(1)(ii)
of this section.
(iii) Deadline to submit a trawl EM category request. A vessel
owner or operator must submit an annual trawl EM category request in
ODDS by November 1 of the year prior to the fishing year in which the
vessel would be placed in the trawl EM category.
(iv) Approval for placement in the trawl EM category. NMFS may
approve a vessel for placement in the trawl EM category based on
criteria specified by NMFS in the Annual Deployment Plan, available
through the NMFS Alaska Region website. Criteria for disapproval may
include actions by the vessel leading to data gaps, noncompliance with
program elements such as discarding of catch, vessel configuration or
fishing practices that cannot provide the necessary camera views to
meet data collection goals, failure to follow the trawl EM category
VMP, and/or failure to adhere to an incentive plan agreement as
specified in Sec. 679.57 for partial coverage catcher vessels or Sec.
679.21(f)(12) for full coverage catcher vessels. For the trawl EM
application to be considered complete, all fees due to NMFS from the
owner or authorized representative of a catcher vessel subject to the
fees specified at Sec. 679.56 at the time of application must be paid.
(v) Notification of approval for placement in the trawl EM
category. (A) NMFS will notify the owner or operator through ODDS of
approval for the trawl EM category for the following fishing year.
Catcher vessels remain subject to observer coverage under paragraphs
(a)(1)(i) or (a)(2)(i) of this section unless and until NMFS approves
the request for placement of the catcher vessel in the trawl EM
category.
(B) Once NMFS notifies the catcher vessel owner or operator that
their request to be placed in the trawl EM category has been approved,
the vessel owner or operator must comply with the responsibilities in
paragraphs (g)(2) and (3) of this section and all further instructions
set forth in ODDS when they operate in the trawl EM category. When a
catcher vessel approved for placement in the trawl EM category does not
operate in the trawl EM category on a particular fishing trip, the
vessel remains subject to observer coverage under paragraphs (a)(1)(i)
or (a)(2)(i) of this section.
(vi) Initial Administrative Determination (IAD). If NMFS denies a
request to place a vessel in the trawl EM category, NMFS will provide
an IAD to the vessel owner, which will explain the basis for the
denial.
(vii) Appeal. If the vessel owner wishes to appeal NMFS' denial of
a request to place the vessel in the trawl EM category, the owner may
appeal the determination under the appeals procedure set out at 15 CFR
part 906.
(viii) Duration. Once NMFS approves a vessel for placement in the
trawl EM category, that vessel will remain in the trawl EM category for
the following upcoming fishing year or until:
(A) NMFS disapproves the vessel's VMP under paragraph (g)(2) of
this section; or
(B) The vessel no longer meets the trawl EM category criteria
specified by NMFS.
(ix) Procurement of EM services. (A) In the partial coverage
category, the owner or operator of a vessel approved for the trawl EM
category must use the EM hardware service provider as outlined by NMFS
in the Annual Deployment Plan.
(B) In the full coverage category, the owner or operator of a
vessel approved for the trawl EM category must arrange and pay for EM
service provider services from a permitted EM hardware service
provider.
(2) Vessel Monitoring Plan (VMP). Once approved for the trawl EM
category, and prior to the first trawl EM fishing trip in the fishing
year, the vessel owner or operator must develop a VMP with the EM
hardware service provider following the VMP template available through
the NMFS Alaska Region website.
(i) VMP Submission. The vessel owner or operator must sign and
submit the VMP to NMFS each fishing year.
(ii) VMP Approval. NMFS may approve the VMP for the fishing year if
it meets all the requirements specified in the VMP template available
through the NMFS Alaska Region website.
(iii) VMP Resubmission. If the VMP does not meet all the
requirements specified in the VMP template, NMFS will provide the
vessel owner or operator the opportunity to submit a revised VMP that
meets all the requirements specified in the VMP template.
(iv) VMP Disapproval. If NMFS does not approve the revised VMP,
NMFS will issue an IAD to the vessel owner or operator that will
explain the basis for the disapproval. The vessel owner or
[[Page 60814]]
operator may file an administrative appeal under the administrative
appeals procedures set out at 15 CFR part 906.
(v) VMP Revision. If, at any time, changes must be made to the VMP
to improve the data collection of the EM system or address fishing
operation changes, the vessel owner or operator must work with NMFS and
the EM hardware service provider to amend the VMP. The vessel owner or
operator must sign the updated VMP and submit those changes to NMFS.
NMFS must approve the amended VMP prior to departing on the next
fishing trip selected for EM coverage.
(vi) VMP Components. The VMP will require information regarding:
(A) Vessel and contact information;
(B) Gear used;
(C) EM hardware functionality requirements;
(D) Requirements for meeting program objectives as specified in the
Annual Deployment Plan;
(E) List of potential solutions for hardware malfunctions;
(F) Images of camera locations and camera views;
(G) EM hardware service provider information;
(H) Valid signatures from the EM hardware service provider and
either the vessel owner or operator; and
(I) Any other information required by the applicable VMP.
(3) Responsibilities. To use an EM system under this section the
vessel owner and operator must:
(i) Installation. Make the vessel available for the installation of
EM equipment by an EM hardware service provider;
(ii) Access. Provide access to the vessel's EM system and
reasonable assistance to the EM hardware service provider;
(iii) Copy. Maintain a copy of a NMFS-approved VMP onboard the
vessel at all times when the vessel is directed fishing in a fishery
subject to EM coverage;
(iv) Compliance. Comply with all elements of the VMP during trawl
EM category fishing trips;
(v) Maintenance. Maintain the EM system, including by doing the
following:
(A) Ensure the EM system is functioning before departing on a
fishing trip.
(B) Ensure power is maintained to the EM system for the duration of
a trawl EM category fishing trip;
(C) Ensure the system is functioning for the entire fishing trip,
camera views are unobstructed and clear in quality, and discards may be
completely viewed, identified, and quantified; and
(D) Ensure EM system components are not tampered with, disabled,
destroyed, or operated or maintained improperly.
(vi) Communication. Communicate catch information to the shoreside
processor or stationary floating processor receiving catch through a
NMFS approved system. The following information must be transmitted as
outlined in the VMP:
(A) Vessel name;
(B) Identify which Management areas the vessel was operating in;
(C) Most precise estimate available of tonnage aboard the vessel;
(D) Estimated deckload size, if present;
(E) Estimated time of arrival at shoreside processor or stationary
floating processor; and
(F) Information to meet other requirements of this part, if
requested by NMFS.
(4) EM coverage duration and duties. (i) Beginning a Fishing Trip.
A fishing trip in the trawl EM category may not begin until all
previously harvested fish have been landed.
(ii) Ending a Fishing Trip. At the end of the fishing trip in the
trawl EM category, the vessel operator must follow the instructions in
the VMP and submit the EM data and associated documentation identified
in the VMP.
(iii) Daily Tests. The vessel operator must complete daily tests of
equipment functionality as instructed in the vessel's VMP.
(A) During a fishing trip in the trawl EM category, before each
haul is retrieved, the vessel operator must verify all cameras are
recording and all sensors and other required EM system components are
functioning as instructed in the vessel's VMP.
(1) If a malfunction is detected prior to retrieving the haul the
vessel operator must attempt to correct the problem using the
instructions in the vessel's VMP.
(2) If the malfunction cannot be repaired at sea, the vessel
operator must notify the EM hardware service provider of the
malfunction at the end of the fishing trip. The malfunction must be
repaired prior to departing on the next fishing trip in the trawl EM
category.
(B) [Reserved]
(iv) Inspection. Make the EM system and associated equipment
available for inspection upon request by OLE, a NMFS-authorized
officer, or other NMFS-authorized personnel.
(5) ODDS requirements for trawl EM category catcher vessels in the
partial coverage category--(i) EM trips. Prior to embarking on each
fishing trip, the operator of a catcher vessel in the partial coverage
trawl EM category with a NMFS-approved VMP must register the
anticipated trip with ODDS. The owner or operator must specify the use
of pelagic trawl gear to determine trawl EM category participation for
the upcoming fishing trip.
(ii) [Reserved]
* * * * *
0
12. Amend Sec. 679.52 by:
0
a. Revising paragraphs (b)(1)(iii)(A), (b)(1)(iii)(B)(2), and (b)(3)(i)
introductory text;
0
b. In paragraph (b)(11) introductory text removing ``, fax'';
0
c. Revising paragraphs (b)(11)(iv) and (b)(11)(vii) introductory text;
0
d. In paragraph (b)(11)(ix), removing the word ``fax'' and adding in
its place the phrase ``electronic submission (email or online through
NMFS-designated electronic system)'';
0
e. In paragraph (b)(11)(x) introductory text, removing the phrase ``fax
or email'' and adding in its place the phrase ``electronic submission
(email or online through NMFS-designated electronic system)'';
0
f. Revising paragraph (b)(11)(x)(B); and
0
g. Adding paragraphs (d) and (e).
The revisions and additions read as follows:
Sec. 679.52 Observer provider permitting and responsibilities.
* * * * *
(b) * * *
(1) * * *
(iii) * * *
(A) That all of the observer's in-season catch messages (data)
between the observer and NMFS are submitted to the Observer Program as
outlined in the current Observer Sampling Manual.
(B) * * *
(2) The observer does not at any time during his or her deployment
travel through a location where an Observer Program employee is
available for an in-person data review and the observer completes a
phone, email, or other NMFS-specified method for mid-deployment data
review, as described in the Observer Sampling Manual; and
* * * * *
(3) * * *
(i) An observer provider must develop, maintain, implement, and
enforce a policy addressing observer conduct and behavior for their
employees that serve as observers. The policy shall address the
following behavior and conduct regarding:
* * * * *
(11) * * *
(iv) Observer deployment/logistics report. An accurate deployment/
logistics report must be submitted
[[Page 60815]]
within 24 hours of the observer assignment, or daily by 4:30 p.m.,
Pacific time, each business day with regard to each observer. The
deployment/logistics report must include the observer's name, cruise
number, current vessel, shoreside processor or stationary floating
processor assignment and vessel/processor code, embarkation date, and
estimated or actual disembarkation dates.
* * * * *
(vii) Observer provider contracts. Observer providers must submit
to the Observer Program a completed and unaltered copy of each type of
signed and valid contract (including all attachments, appendices,
addendums, and exhibits incorporated into the contract) between the
observer provider and those entities requiring observer services under
Sec. 679.51(a)(2) and (b)(2), by February 1 of each year. Observer
providers must also submit to the Observer Program, upon request, a
completed and unaltered copy of the current or most recent signed and
valid contract (including all attachments, appendices, addendums, and
exhibits incorporated into the contract and any agreements or policies
with regard to observer compensation or salary levels) between the
observer provider and the particular entity identified by the Observer
Program or with specific observers. The copies must be submitted by
electronic transmission (email or through an electronic system as
designated by NMFS) or other method specified by NMFS within 5 business
days of the request for the contract at the address listed in Sec.
679.51(c)(3). Signed and valid contracts include the contracts an
observer provider has with:
* * * * *
(x) * * *
(B) Within 72 hours after the observer provider determines that an
observer violated the observer provider's conduct and behavior policy
described at paragraph (b)(3)(i) of this section; these reports shall
include the underlying facts, circumstances, and provider responses to
the violation, including the steps taken to enforce the provider's
conduct and behavior policy.
* * * * *
(d) EM hardware service provider permit.--(1) Permit. The Regional
Administrator may issue a permit authorizing a person's participation
as an EM hardware service provider for operations requiring EM system
coverage per Sec. 679.51(f) and (g). Persons seeking to provide EM
services under this section must obtain an EM hardware service provider
permit from the NMFS Alaska Region.
(2) EM hardware service provider. An applicant seeking an EM
hardware service provider permit must submit a completed application to
the Regional Administrator for review. This application can be found on
the NMFS Alaska Region website.
(3) Contents of application. An application for an EM hardware
service provider permit must contain the following:
(i) Contact information. (A) The permanent phone number and email
address of the owner(s) of the EM hardware service provider.
(B) Current physical location, business mailing address, business
telephone, and business email address for each office of the EM
hardware service provider.
(ii) Hardware and software testing. Description of testing
conducted to ensure that the EM hardware is capable of withstanding
environmental conditions in the North Pacific Ocean. NMFS will provide
specifications for EM hardware upon request. At any time after initial
approval of the EM hardware service provider permit, this testing
requirement must be applied to and met by any EM system requiring new,
or significantly updated, hardware or software installed onboard a
vessel.
(iii) Data review. Provide a sample of EM data to NMFS that can be
reviewed by NMFS EM data review software for compliance with program
objectives as specified in Sec. 679.51(f) and (g).
(iv) Conflict of interest. A statement signed under penalty of
perjury from each owner or, if the owner is an entity, each board
member and officer, if a corporation, that they have no conflict of
interest as described in paragraph (c) of this section.
(v) Criminal convictions and Federal contracts. A statement signed
under penalty of perjury from each owner or, if the owner is an entity,
each board member and officer, if a corporation, describing:
(A) Any criminal convictions; and
(B) Any Federal contracts they have had and the performance rating
they received for each such contract.
(vi) Prior experience. A description of any prior experience the EM
hardware service provider may have in placing individuals in remote
field and/or marine work environments. This includes recruiting,
hiring, deployment, working with fishing fleets, and operations in
remote areas.
(vii) Responsibilities and duties. A description of the EM hardware
service provider's ability to carry out the responsibilities and duties
of an EM hardware service provider as set out under paragraph (e) of
this section and the arrangements to be used to do so.
(4) Application evaluation. NMFS staff will evaluate the
completeness of the application, the application's consistency with
needs and objectives of the EM program, and other relevant factors.
NMFS will provide specifications for EM hardware upon request.
(5) Agency determination on an application. NMFS will send the
Agency's determination on the application to the EM hardware service
provider. If an application is approved, NMFS will issue an EM hardware
service provider permit to the applicant. If an application is denied,
the reason for denial will be explained in the electronic
determination.
(6) Transferability. An EM hardware service provider permit is not
transferable. To prevent a lapse in authority to provide EM hardware
services, a provider that experiences a change in ownership that
involves a new person may submit a new permit application prior to sale
and ask to have the application approved under this paragraph (a) prior
to date of sale.
(7) Expiration of EM hardware service provider permit.--(i) Permit
duration. An EM hardware service provider permit will expire after a
period of 12 continuous months during which no EM services are provided
to vessels in an EM category.
(ii) Permit expiration. The Regional Administrator will provide a
written initial administrative determination (IAD) of permit expiration
to a provider if NMFS records indicate that the provider has not
provided EM services to vessels in an EM category during a period of 12
continuous months. A provider who receives an IAD of permit expiration
may appeal the IAD under Sec. 679.43. A provider that appeals an IAD
will be issued an extension of the expiration date of the permit until
after the final resolution of the appeal.
(8) Removal of permit. Performance of the EM hardware service
provider will be assessed annually on the ability of the provider to
meet program objectives as outlined in Sec. 679.51 and the Annual
Deployment Plan. If the EM hardware service provider is unable to meet
program objectives, the permit will be removed.
(e) Responsibilities of EM hardware service providers.
Responsibilities of EM hardware service providers are specified in
section Sec. 679.51(f) and (g).
0
13. Add Sec. Sec. 679.56 and 679.57 to subpart E to read as follows:
[[Page 60816]]
Sec. 679.56 Full coverage trawl Electronic Monitoring category fee.
(a) Full coverage trawl electronic monitoring (EM) category fee--
(1) Responsibility. The owner of a catcher vessel in the full coverage
trawl EM category must comply with the requirements of this section.
Subsequent opting out of the trawl EM category does not affect the FFP
permit holder's liability for paying the full coverage trawl EM
category fee for any fishing year in which the vessel was approved to
be in the full coverage trawl EM category and made pollock landings.
Subsequent transfer of an AFA catcher vessel or AFA permit does not
affect the catcher vessel owner's liability for non-compliance with
this section.
(2) Landings subject to the observer fee. The full coverage trawl
EM fee is assessed on pollock landings by catcher vessels in the full
coverage trawl EM category as specified in Sec. 679.51(g).
(3) Fee collection. The owner of a catcher vessel (as identified
under paragraph (a)(1) of this section) is responsible for paying the
full coverage trawl EM fee for all pollock landings.
(4) Payment.--(i) Payment due date. The owner of a catcher vessel
(as identified under paragraph (a)(1) of this section) must submit all
full coverage trawl EM fee payments to NMFS no later than May 31 of the
fishing year following the year in which the pollock landings occurred.
(ii) Payment recipient and method. The owner of a catcher vessel
(as identified under paragraph (a)(1) of this section) must submit
payment and related documents as instructed on the fee submission form.
Payments must be made electronically through the NMFS Alaska Region
website. Instructions for electronic payment will be made available on
both the payment website and a fee liability summary letter mailed to
each permit holder.
(b) Full coverage standard ex-vessel value determination and use.
NMFS will use the standard prices calculated for AFA cost recovery per
Sec. 679.66(b).
(c) Full coverage fee percentages.--(1) Established percentages.
The trawl EM fee percentage is the amount as determined by the factors
and methodology described in paragraph (c)(2) of this section. These
amounts will be announced by publication in the Federal Register in
accordance with paragraph (c)(3) of this section.
(2) Calculating fee percentage value. Each year NMFS will calculate
and publish the trawl EM fee percentage for the full coverage trawl EM
category catcher vessels according to the following factors and
methodology:
(i) Factors. NMFS will use the following factors to determine the
fee percentages:
(A) The catch to which the full coverage trawl EM fee will apply;
(B) The ex-vessel value of that catch; and
(C) The costs directly related to the EM data collection, EM data
review, VMP approval, and trawl EM category data.
(ii) Methodology. NMFS will use the following equations to
determine the trawl EM fee percentage: 100 x DPC / V, where:
(A) DPC equals the trawl EM category costs for the directed full
coverage pollock fisheries for the most recent fiscal year (October 1
through September 30) with any adjustments to the account from payments
received in the previous year.
(B) V equals the total of the standard ex-vessel value of the catch
subject to the trawl EM fee liability for the current year.
(iii) Program costs. Trawl EM category costs will be calculated
only for catcher vessels that NMFS approves to be in the full coverage
trawl EM category.
(3) Publication.--(i) General. NMFS will calculate and announce the
trawl EM fee percentage in a Federal Register notice by December 1 of
the year following the year in which the full coverage pollock landings
were made. NMFS will calculate the trawl EM fee percentage based on the
calculations described in paragraph (c)(2) of this section.
(ii) Effective period. NMFS will apply the calculated trawl EM fee
percentage to all full coverage trawl EM category directed pollock
landings made by vessels in the trawl EM category between January 1 and
December 31 of the previous year.
(4) Applicable percentage. A designated representative must use the
AFA fee percentage applicable at the time a Bering Sea directed pollock
landing is debited from an AFA pollock fishery allocation to calculate
the AFA fee liability for any retroactive payments for that landing.
Sec. 679.57 Trawl EM incentive plan agreements.
(a) Parties to a trawl EM Incentive Plan Agreement (TEM IPA)--(1)
TEM IPA. A catcher vessel owner or operator must be a party to a TEM
IPA to be approved for the trawl EM partial coverage category.
(2) Compliance. Once a party to a TEM IPA, a catcher vessel owner
or operator cannot withdraw from the TEM IPA and must comply with the
terms of the TEM IPA for the duration of the fishing year.
(b) Request for approval of a proposed TEM IPA. The TEM IPA
representative must submit a proposed TEM IPA to NMFS. The proposed TEM
IPA must contain the following information:
(1) Affidavit. The TEM IPA must include an affidavit affirming that
each party to the TEM IPA is subject to the same terms and conditions.
(2) Name of the TEM IPA--(3) Representative. The TEM IPA must
include the name, telephone number, and email address of the TEM IPA
representative who is responsible for submitting the proposed TEM IPA
on behalf of the TEM IPA parties, any proposed amendments to the TEM
IPA, and the annual report required under paragraph (f) of this
section.
(4) Incentive plan. The TEM IPA must contain provisions that
address or contain the following:
(i) Restrictions, penalties, or performance criteria that will
limit changes in fishing behavior.
(ii) Incentive measures to discourage catcher vessels from
harvesting pollock catch in excess of 300,000 (136 mt) pounds during a
fishing trip, on average in the GOA, and an explanation of how the
incentive(s) encourage vessel operators to limit harvest in excess of
300,000 (136 mt) pounds of pollock per fishing trip in the GOA.
(iii) Incentive measures to prevent catcher vessels from exceeding
the MRAs established in Sec. 679.21(e) and how the incentives
encourage vessel operators to avoid bycatch and avoid exceeding the
maximum retainable amounts established in Sec. 679.20(e).
(iv) Acknowledgment by the parties that NMFS will disclose to the
public their vessels' performance under the TEM IPA and any
restrictions, penalties, or performance criteria imposed under the TEM
IPA by vessel name.
(5) Compliance agreement. The TEM IPA must include a provision that
all parties to the TEM IPA agree to comply with all provisions of the
TEM IPA.
(6) Signatures. The name and signature of the owner or operator for
each vessel that is a party to the TEM IPA.
(c) Deadline and duration.--(1) Deadline for proposed TEM IPA. A
proposed TEM IPA must be received by NMFS no later than 1700 hours,
A.l.t., on December 1 of the year prior to the fishing year for which
the TEM IPA is proposed to be effective.
(2) Duration. Once approved, a TEM IPA is effective starting
January 1 of the fishing year following the year in which NMFS approves
the IPA, unless the TEM IPA is approved between January 1 and January
19, in which case the TEM IPA is effective starting in the year
[[Page 60817]]
in which it is approved. Once approved, a TEM IPA is effective until
December 31 of the first year in which it is effective or until
December 31 of the year in which the TEM IPA representative notifies
NMFS in writing that the TEM IPA is no longer in effect, whichever is
later. A TEM IPA may not expire mid-year. No party may leave a TEM IPA
once it is approved, except as allowed under paragraph (d)(3) of this
section.
(d) NMFS review of a proposed TEM IPA.--(1) Approval. A TEM IPA
will be approved by NMFS if the TEM IPA meets the following
requirements:
(i) Complies with the submission requirements of paragraphs (b) and
(c) of this section; and
(ii) Contains the information required in paragraph (b) of this
section.
(2) Amendments to a TEM IPA. Amendments in writing to an approved
TEM IPA may be submitted to NMFS at any time and will be reviewed under
the requirements of paragraph (b) of this section. An amendment to an
approved TEM IPA is effective when NMFS notifies the TEM IPA
representative in writing of NMFS approval.
(3) Disapproval. (i) NMFS will disapprove a proposed TEM IPA or a
proposed amendment to a TEM IPA:
(A) If the proposed TEM IPA fails to meet any of the requirements
of paragraph (b) of this section; or
(B) If a proposed amendment to a TEM IPA would cause the TEM IPA to
no longer comply with the requirements of paragraph (b) of this
section.
(ii) [Reserved]
(4) Initial Administrative Determination (IAD). If NMFS identifies
deficiencies in the proposed TEM IPA, NMFS will notify the applicant in
writing that the proposed TEM IPA will not be approved. The TEM IPA
representative will be provided one 30-day period to address, in
writing, all deficiencies identified by NMFS. Additional information or
a revised TEM IPA received by NMFS after the expiration of the 30-day
period specified by NMFS will not be considered. NMFS will evaluate any
additional information submitted by the TEM IPA representative within
the 30-day period. If the Regional Administrator determines that the
additional information addresses the deficiencies in the proposed TEM
IPA, the Regional Administrator will approve the proposed TEM IPA under
paragraph (d) of this section. However, if NMFS determines that the
proposed TEM IPA does not comply with the requirements of paragraph (b)
of this section, NMFS will issue an IAD providing the reasons for
disapproving the proposed TEM IPA.
(5) Appeal. A TEM IPA representative who receives an IAD
disapproving a proposed TEM IPA may appeal under the procedures set
forth at 15 CFR part 906. If the TEM IPA representative fails to timely
file an appeal of the IAD pursuant to 15 CFR part 906, the IAD will
become the final agency action. If the IAD is appealed and the final
agency action approves the proposed TEM IPA, the TEM IPA will be
effective as described in paragraph (c) of this section.
(6) Pending approval. While appeal of an IAD disapproving a
proposed TEM IPA is pending, proposed parties to the TEM IPA subject to
the IAD, which are not currently parties to an approved TEM IPA, are
not authorized to participate in trawl EM category.
(e) Public release of a TEM IPA and performance metrics. Each
fishing year NMFS will release to the public and publish on the NMFS
Alaska Region website:
(1) Approvals. Approved TEM IPAs and Approval Memos;
(2) Parties. List of parties to each approved TEM IPA; and
(3) Names. Names of vessels covered by each approved TEM IPA that:
(i) On average, harvesting pollock catch in excess of 300,000
pounds (136 mt) per fishing trip in the GOA;
(ii) Harvest bycatch in quantities that exceed MRAs; and
(iii) Vessels' performance under the TEM IPA and any restrictions,
penalties, or performance criteria imposed under the TEM IPA by vessel
name.
(f) TEM IPA Annual Report. The representative of each approved TEM
IPA must submit a written annual report to the Council at the address
specified in Sec. 679.61(f). The Council will make the annual report
available to the public.
(1) Submission deadline. The TEM IPA Annual Report must be received
by the Council no later than May 15 of the following fishing year.
(2) Information requirements. The TEM IPA Annual Report must
contain the following information:
(i) A comprehensive description of the incentive measures in effect
in the previous year;
(ii) A description of how these incentive measures affected
individual vessels;
(iii) An evaluation of whether incentive measures were effective in
limiting changes in vessel behavior including the effectiveness of:
(A) Measures to discourage participating vessels, on average, from
harvesting pollock catch in excess of 300,000 pounds (136 mt) per
fishing trip in the GOA;
(B) Measures that incentivize participating vessels to avoid
exceeding MRAs established in Sec. 679.20(e) applicable to non-EM
vessels;
(C) Restrictions, penalties, or performance criteria that were
imposed to prevent vessels from consistently exceeding catcher vessel
harvest limit for pollock in the GOA or MRAs relative to non-EM vessels
by vessel name (see Sec. Sec. 679.7(b)(2) and 679.20(e));
(D) The frequency of vessels exceeding the catcher vessel harvest
limit for pollock in the GOA and MRA limits relative to non-EM vessels
(see Sec. Sec. 679.7(b)(2) and 679.20(e)); and
(E) Identification of, and the TEM IPA's response to, vessels
directed fishing in conflict with harvest specifications or directed
fishing for Steller Sea Lion forage species within closed Steller Sea
Lion protection areas.
(iv) A description of any amendments to the TEM IPA that were
approved by NMFS since the last annual report and the reasons that the
amendments to the TEM IPA were requested.
[FR Doc. 2024-15931 Filed 7-26-24; 8:45 am]
BILLING CODE 3510-22-P
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This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.